Country report, gender equality : how are EU rules transposed into national law? : France 2023.
Date: 2023-10-25
Institutions: Directorate-General for Justice and Consumers
Subjects: France, age discrimination, application of EU law, equal pay, equal treatment, gender equality, maternity leave, national law, parental leave, paternity leave, report, sexual discrimination, sexual harassment, social security

France 

2023 

 
 
 
 
 
 
EUROPEAN COMMISSION 

Directorate-General for Justice and Consumers 
Directorate D — Equality and Union citizenship 
Unit D.3 Gender Equality 

European Commission 
B-1049 Brussels 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
EUROPEAN COMMISSION 

Country report  

Gender equality 

How are EU rules transposed into 
national law? 

France 

Marie Mercat-Bruns 

Reporting period 1 January 2022 – 01 January 2023 

2023  Directorate-General for Justice and Consumers 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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Luxembourg: Publications Office of the European Union, 2023 

© European Union, 2023 

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ISSN 2600-0164  

doi: 10.2838/891442 

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Country report - gender equality – France - 2023 

Contents 
1 

2 

3 

4 

5 

6 

Introduction ............................................................................................... 5 
Basic structure of the national legal system ............................................ 5 
1.1 
List of main legislation transposing and implementing the directives .......... 6 
1.2 
1.3 
Sources of law .................................................................................... 9 
1.4  Main surveys, reports on gender equality and other issues ..................... 11 
General legal framework .......................................................................... 17 
Constitution ...................................................................................... 17 
2.1 
2.2 
Equal treatment legislation ................................................................. 18 
Implementation of central concepts ......................................................... 20 
Sex/gender/transgender .................................................................... 20 
3.1 
Direct sex discrimination .................................................................... 22 
3.2 
3.3 
Indirect sex discrimination .................................................................. 25 
3.4  Multiple discrimination and intersectional discrimination ......................... 29 
Positive action ................................................................................... 32 
3.5 
Harassment and sexual harassment ..................................................... 45 
3.6 
Instruction to discriminate .................................................................. 49 
3.7 
Other forms of discrimination .............................................................. 49 
3.8 
3.9 
Evaluation of implementation .............................................................. 50 
3.10  Remaining issues ............................................................................... 51 
Equal pay and equal treatment at work (Article 157 of the Treaty on the 
Functioning of the European Union (TFEU) and Recast Directive 2006/54)
 ................................................................................................................. 52 
General (legal) context....................................................................... 52 
4.1 
Equal pay ......................................................................................... 52 
4.2 
Access to work, working conditions and dismissal .................................. 60 
4.3 
Evaluation of implementation .............................................................. 63 
4.4 
4.5 
Remaining issues ............................................................................... 64 
Pregnancy, maternity, and leave related to work-life balance for workers 
(Directive 92/85, relevant provisions of Directives 2006/54, and Directive 
2019/1158) ............................................................................................. 65 
5.1 
General (legal) context....................................................................... 65 
Pregnancy and maternity protection .................................................... 67 
5.2 
5.3  Maternity leave ................................................................................. 71 
Adoption leave .................................................................................. 73 
5.4 
Leave in relation to surrogacy ............................................................. 74 
5.5 
Transposition of the Work-Life Balance Directive 2019/1158 in general .... 75 
5.6 
Paternity leave .................................................................................. 75 
5.7 
Parental leave ................................................................................... 76 
5.8 
5.9 
Carers’ leave ..................................................................................... 79 
5.10  Time off for force majeure .................................................................. 82 
5.11  Flexible working time arrangements (FWA) ........................................... 83 
5.12  Legal protection provisions in the Work-Life Balance Directive 2019/1158  86 
5.13  Evaluation of implementation .............................................................. 87 
5.14  Remaining issues ............................................................................... 88 
Occupational social security schemes (Chapter 2 of Directive 2006/54) .. 89 
General (legal) context....................................................................... 89 
6.1 
Direct and indirect discrimination ........................................................ 90 
6.2 
Personal scope .................................................................................. 90 
6.3 
6.4  Material scope ................................................................................... 90 
Exclusions ........................................................................................ 90 
6.5 
6.6 
Laws and case law falling under the examples of sex discrimination mentioned 
in Article 9 of Directive 2006/54 .......................................................... 90 
Actuarial factors ................................................................................ 90 
Difficulties ........................................................................................ 90 
Evaluation of implementation .............................................................. 90 

6.7 
6.8 
6.9 

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Country report - gender equality – France - 2023 

7 

8 

9 

6.10  Remaining issues ............................................................................... 91 
Statutory schemes of social security (Directive 79/7) ............................. 92 
General (legal) context....................................................................... 92 
7.1 
7.2 
Implementation  of  the  principle  of  equal  treatment  for  men  and  women  in 
matters of social security .................................................................... 92 
7.3 
Personal scope .................................................................................. 92 
7.4  Material scope ................................................................................... 92 
Exclusions ........................................................................................ 93 
7.5 
Actuarial factors ................................................................................ 93 
7.6 
Difficulties ........................................................................................ 93 
7.7 
Evaluation of implementation .............................................................. 93 
7.8 
7.9 
Remaining issues ............................................................................... 93 
Self-employed workers (Directive 2010/41/EU and some relevant 
provisions of the Recast Directive) ........................................................... 94 
Implementation of Directive 2010/41/EU .............................................. 94 
8.1 
8.2 
Personal scope .................................................................................. 95 
8.3  Material scope ................................................................................... 96 
Positive action ................................................................................... 97 
8.4 
8.5 
Social protection ............................................................................... 97 
8.6  Maternity benefits.............................................................................. 98 
Occupational social security ................................................................ 98 
8.7 
Prohibition of discrimination ................................................................ 99 
8.8 
8.9 
Evaluation of implementation .............................................................. 99 
8.10  Remaining issues ............................................................................... 99 
Goods and services (Directive 2004/113) .............................................. 100 
General (legal) context...................................................................... 100 
9.1 
9.2 
Prohibition of direct and indirect discrimination .................................... 102 
9.3  Material scope .................................................................................. 102 
Exceptions ....................................................................................... 103 
9.4 
Justification of differences in treatment ............................................... 103 
9.5 
Actuarial factors ............................................................................... 103 
9.6 
9.7 
Interpretation  of  exception  contained 
2004/113 ........................................................................................ 103 
Positive action measures (Article 6 of Directive 2004/113) ..................... 103 
9.8 
9.9 
Specific problems related to pregnancy, maternity or parenthood ........... 103 
9.10  Evaluation of implementation ............................................................. 103 
9.11  Remaining issues .............................................................................. 103 

in  Article  5(2)  of  Directive          

10  Violence against women and domestic violence in relation to the Istanbul 

Convention ............................................................................................. 104 
10.1  General (legal) context...................................................................... 104 
10.2  Ratification of the Istanbul Convention ................................................ 108 

11  Compliance and enforcement aspects (horizontal provisions of all 

directives) .............................................................................................. 109 
11.1  General (legal) context...................................................................... 109 
11.2  Victimisation .................................................................................... 110 
11.3  Access to courts ............................................................................... 110 
11.4  Horizontal effect of the applicable law ................................................. 111 
11.5  Burden of proof ................................................................................ 111 
11.6  Remedies and sanctions .................................................................... 113 
11.7  Equality body ................................................................................... 114 
11.8  Social partners ................................................................................. 114 
11.9  Other relevant bodies........................................................................ 114 
11.10  Evaluation of implementation ............................................................. 114 
11.11  Remaining issues .............................................................................. 115 
12  Overall assessment ................................................................................ 116 
Bibliography ................................................................................................... 118 

4 

 
 
 
Country report - gender equality – France - 2023 

1 

Introduction 

1.1  Basic structure of the national legal system 

France  has  a  long-standing  tradition  of  legislating  for  gender  equality  in  the  field  of 
employment and professional life. The principle of equality between men and women was 
first  recognised  in  1946  in  the  Preamble  to  the  French  Constitution.  The  law  of 
11 February 1950 first regulated the principle of equal pay between men and women and 
states that this principle must be incorporated into collective agreements. In 1972, in order 
to integrate ILO Convention No. 100 into the French system, the principle of equal pay for 
work of equal value for men and women was introduced into the Labour Code.1 Since then, 
at least 14 laws have been adopted dealing with gender equality. Despite this important 
legislative framework, the implementation of the European Directives on equality has had 
a very profound influence on pushing the French legislature to address new issues and to 
adopt  new  measures,  albeit  sometimes  with  significant  delays.  For  example,  until 
May 2008,  the  main  concepts  of  EU  gender  discrimination  law  had  not  been  properly 
implemented in France, as French legislation included no legal definition of the concepts 
of  direct  and  indirect  discrimination,  although  the  courts  had  applied  the  European 
definitions in some gender case law.  

If we look at the basic structure of the French legal system, it is important to note that 
the  principle  of  equality  between  women  and  men  has  a  constitutional  value.  Recently, 
following the reversal of Roe v Wade in the United States,2 the French Assembly introduced 
a bill to recognise a constitutional right to abortion in October 20223 that was first rejected 
in 2022 by the Senate but a new version is in consideration which refers to the freedom 
to  terminate  pregnancy  instead  of  the  constitutional  right  to  do  so.4  In  the  field  of 
employment and professional life, most of the rules can be found in the Labour Code in 
the part dealing with discrimination in general (Article L 1132-1 et seq. of the Labour Code) 
and in the part specifically dealing with gender equality at work (Article L. 1141-1 et seq. 
of the Labour Code). The Labour Code only applies to private employment relationships. 
In the public sector, specific regulations apply, usually with similar content.5 Therefore the 
two supreme courts in France, the Court of Cassation (Cour de cassation) for private law 
and the Council of State (Conseil d’Etat) for public law, apply the rules on gender equality 
and sometimes with slightly different assessments of cases. It seems, for example, much 
more difficult for the Council of State to integrate the  concept of indirect discrimination 
into its jurisprudence than it is for the Court of Cassation. However, the two Courts now 
clearly aim to apply the concepts. An important piece of this legislative framework is the 
law adopted on 27 May 2008 (Act No. 2008-496) implementing the various directives on 
discrimination.  Among  other  elements,  the  law  finally  defines  direct  and  indirect 
discrimination6 and it applies to public and private relationships. Some provisions of the 
Criminal Code also deal with penal sanctions for discrimination. However, French criminal 
law is also attached to a gender-neutral formulation of criminal sexual offences outside of 
condemning  sexism  and  sexual  harassment.  The  #MeToo  movement  and  the  Istanbul 

1   ILO Equal Remuneration Convention, 1951 (No. 100) adopted in Geneva, 34th ILC session on 

29 June 1951, entered into force 23 May 1953 available at: 
https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C100. 

2   Supreme Court of the United States, Dobbs v. Jackson Women’s Health Organization, No. 19-1392, 24 June 

2022, 597 U.S. (2022). 

3   See: https://www.assemblee-nationale.fr/dyn/16/textes/l16b0293_proposition-loi. 
4   Bill No. 815 introducing a constitutional amendment modified by the Senate to protect and guarantee a 

fundamental right to abortion, 2 February 2023 (Proposition de loi constitutionnelle, modifiée par le Sénat, 
visant à protéger et à garantir le droit fondamental à l’interruption volontaire de grossesse, n°815 , 
déposé(e) le jeudi 2 février 2023) et renvoyé(e) à la Commission des lois constitutionnelles, de la 
législation et de l'administration générale de la République), https://www.assemblee-
nationale.fr/dyn/16/dossiers/proteger_ivg_contraception. 

5   Act No. 83-634, 13 July 1983 (Loi n° 83-634 du 13 juillet 1983 portant droits et obligations des 

fonctionnaires) amended by Act No. 2019-828 6 August 2019 on the transformation of the civil service (Loi 
n° 2019-828 du 6 août 2019 de transformation de la fonction publique). 

6   However, the definition is still not included in the Labour Code, which refers to the 2008 law. 

5 

 
 
 
 
 
 
Country report - gender equality – France - 2023 

Convention have been useful in accelerating the adoption of laws on sexual violence which, 
in  practice,  focus  on  detailing  aggravating  circumstances  linked  to  offences,  better 
prevention and enforcement of offences, protection of victims and collecting data on this 
important issue.7 Since the French President’s push for a national plan on  equality,8 the 
emphasis  has  been  on  training  stakeholders  and  adjusting  the  justice  system  to  the 
question  of  gender-based  violence,  concretely  implementing  more  sessions  on  sexual 
education  and  developing  more  compliance  of  companies  to  equality  standards  as  a 
condition for public contracts.9 

Outside the influence of the European Union, gender equality policies in France may also 
follow  the  French  policy  makers’  own  agenda.  For  example,  various  acts  have  been 
adopted  with  the  aim  of  implementing  parity  in  politics  and  decision-making  bodies 
including in strategic management positions and committees of large companies outside 
of executive boards, promoting pay transparency and better enforcing sexual harassment 
and sexism in the workforce.10 The appointment in May 2022 of the second female French 
Prime  Minister11  and  in  June  2022,  the  first  female  head  of  the  General  Assembly  is  a 
positive sign of this direction.12 The most important developments in gender equality policy 
are the adoption of a series of laws such as Law No. 2014-873, of 4 August 2014, on real 
equality between men and women and the law and Law No. 2021-1774 of 24 December 
2021  on  accelerating  economic  and  professional  equality.13  These  laws  promote  an 
integrated  and  cross-cutting  approach  to  sex  equality,  and  address  issues  such  as 
economic  violence  in  couples,  gender  balance  in  corporate  governance,  requiring 
standards for equality to obtain public contracts, across the board training on stereotyping 
and  equal  pay.  Many  bodies  (boards  of  directors,  strategic  executive  committees,  work 
councils, universities, etc.) have to produce reports on gender equality and now have to 
achieve  goals  of  progression.  This  also  applies  to  private  firms,  administrative  bodies, 
educational institutions, cities and regions. The most recent debate on gender equality has 
concerned the pension reform that changes the retirement age from 62 to 64 years old, 
which  might  disproportionately  impact  women  who  will  have  to  work  longer  than  men 
because  of  their  more  challenging  career  paths  (complex  work-life  balance  and  glass 
ceiling) and will have a lower level of pension (wage disparities).14 

1.2  List of main legislation transposing and implementing the directives 

The main relevant legislation on gender equality and the prohibition of sex discrimination 
are available on the Legifrance website15 and it is worth mentioning the bill introducing an 
amendment  to  insert  the  right  to  abortion  in  the  Constitution  to  safeguard  procreative 
rights of women.16 

7   For example, Act No. 2018-703 on reinforcing the fight against sexual violence (LOI n° 2018-703 du 3 août 

2018 renforçant la lutte contre les violences sexuelle), 
https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000037284450. 

8   See: https://www.egalite-femmes-hommes.gouv.fr/legalite-entre-les-femmes-et-les-hommes-declaree-

grande-cause-nationale-par-le-president-de-la-republique. 

9   See: https://www.haut-conseil-egalite.gouv.fr/stereotypes-et-roles-sociaux/actualites/article/plan-egalite-

des-mesures-qui-vont-dans-le-bon-sens-a-la-condition-d-une-mise-en. 

10   For example, one law focused both on pay transparency and better enforcing sexual harassment, 

Law No. 2018-771 5 September 2018 on the freedom of choosing one’s professional future, (LOI n° 2018-
771 du 5 septembre 2018 pour la liberté de choisir son avenir professionnel). 
https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000037367660/. 

11   See: https://www.lemonde.fr/politique/article/2022/05/17/la-majorite-soulagee-mais-peu-enthousiasmee-

par-la-nomination-de-borne-a-matignon_6126548_823448.html. 

12   See: https://www.lemonde.fr/politique/article/2022/06/29/yael-braun-pivet-entre-dans-l-histoire-comme-

la-premiere-femme-elue-a-la-presidence-de-l-assemblee-nationale_6132449_823448.html. 

13   (Loi n° 2021-1774 du 24 décembre 2021 visant à accélérer l'égalité économique et professionnelle), 

https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000044559192. 

14   See Recommendations of the High Council on Equality, https://www.haut-conseil-

egalite.gouv.fr/parite/actualites/article/cp-l-egalite-economique-au-coeur-des-debats-sur-la-reforme-des-
retraites. 

15   See: http://www.legifrance.gouv.fr/. 
16   See: https://www.assemblee-nationale.fr/dyn/16/dossiers/proteger_ivg_contraception. 

6 

 
 
 
 
 
 
 
Country report - gender equality – France - 2023 

- 

- 

Bill  No. 815  introducing  a  constitutional  amendment  to  protect  and  guarantee  a 
fundamental right to abortion modified by the Senate (narrowed to women’s freedom 
to end pregnancy), 2 February 2023; 
Decree No. 2022-258 of 23 February 2022 on coverage of contraception of women 
until the age of 25.17 

The  global  labour  law  reform  of  2017  safeguards  the  general  provisions  on  equality  in 
conformity  with  the  Recast  Directive  2006/54/EC.  Four  acts  were  inserted  into 
Act No. 2018-217 of 29 March 2018.18 

A new general statute on the growth and transformation of companies, which introduces 
more  digital  tools  in  relation  to  administrative  proceedings  and  their  transparency,  is 
intended  to  promote  corporate  social  responsibility.  The  amendments  to  the  Civil  Code 
and  the  Commercial  Code  recognise  the  need  for  all  businesses  to  take  into  account 
environmental and social issues in their acts of incorporation and the implementation of 
their strategic policies:19 

- 

Act No. 2019-486 of 22 May 2019 on the growth and transformation of undertakings. 

Protection  of  whistle-blowing  also  has  been  recently  included  in  the  enforcement 
mechanisms of employment discrimination law. 

- 

Act No. 2022-401 of 21 March 2022 to improve the protection of whistle-blowers20 

The following acts are also relevant for the topic of gender equality in conformity with the 
Recast Directive 2006/54/EC: 

− 

− 

− 

− 
− 
− 

− 

Decree  No. 2022-243  of  25  February  202221  on  measures  to  eliminate  wage 
disparities  between  women  and  men  in  companies  implementing  the  law  of 
24 December 2021; 
Decree No. 2022-680 of 26 April 2022 on the measures to ensure the proper gender 
balance for high-level managers and members of executive committees;  
Act No. 2021-1774 of 24 December 2021 to accelerate professional and economic 
equality;  
Act No. 2021-1018, 2 August 2021 on health at work; 
Act No. 2020-936 of 30 July 2020 focused on protecting victims of domestic violence;  
Act No. 2020-692 of 8 June 2020 on the improvement of rights of workers and the 
support of families after the loss of a child; 
Decree No. 2020-528 of 4 May 2020 defining the conditions to create and implement 
plans of action for professional equality in the civil service; 

17   Décret n° 2022-258 du 23 février 2022 relatif à la participation des assurés aux frais liés à la contraception 

et aux frais liés aux passages dans les structures des urgences des établissements de santé. 

18   As explained below (Section 11.6.1) the laws have modified the structure of representative bodies and 

negotiations and modified their competence in many regards. Act No. 2017-1385 of 22 September 2017 on 
collective bargaining; Act No. 2017-1386 of 22 September 2017 on the new organisation of social dialogue; 
Act No. 2017-1387 of 22 September 2017 on the predictability of and securing working relationships; Act 
No. 2017-1718 of 20 December 2017 modifying the previous acts. 

19   The new law (LOI n° 2019-486 du 22 mai 2019 relative à la croissance et la transformation des entreprises 
called PACTE) amends two important articles to promote corporate social responsibility outside of soft law: 
Article 1835 of the Civil Code suggests that acts of incorporation can detail a purpose (‘a raison d’être’) of 
the company which includes principles that the company should follow and invest in accordingly and Article 
225-64 of the Commercial Code requires the executive boards to determine the focus of their activity 
according to their corporate interests, taking into account social and environmental stakes at issue in 
conformity with Article 1835 of the Civil Code. 

20   LOI n° 2022-401 du 21 mars 2022 visant à améliorer la protection des lanceurs d’alerte, 

https ://www.legifrance.gouv.fr/jorf/id/JORFTEXT000045388745. 

21   Décret n° 2022-243 du 25 février 2022 relatif aux mesures visant à supprimer les écarts de rémunération 

entre les femmes et les hommes dans l’entreprise prévues par l’article 13 de la loi visant à accélérer 
l’égalité économique et professionnelle et par l’article 244 de la loi n° 2020-1721 du 29 décembre 2020 de 
finances pour 2021. 

7 

 
 
 
 
 
 
 
 
 
 
Country report - gender equality – France - 2023 

− 

− 
− 

− 
− 

− 

− 

− 

− 

− 
− 

− 

− 

− 

− 

− 
− 

− 

− 

Decree No. 2020-529 of 5 May 2020 amending the provisions on parental leave for 
civil servants and their time for child-rearing; 
Act No. 2019-1480 of 28 December 2019 to combat violence in the family; 
Act  No. 2019-1446  of  24  December  2019  on  social  security  financing  (Articles  68 
and 69 on social benefit for persons caring for a parent or loved one); 
Act No. 2019-828 of 6 August 2019 on the transformation of the civil service;  
Decree No. 2019-15 of 8 January 2019 implementing the provisions to eliminate the 
gender pay gap between women and men in companies and pertaining to the fight 
against sexual violence and sexism at work; 
Act No. 2018-771 of 5 September 2018 on the individual’s freedom to choose their 
future professional life; 
Act No. 2018-703 of 3 August 2018 reinforcing the fight against sexual and sexist 
violence; 
Act  No. 2016-1547  of  18  November  2016  on  modernisation  of  justice  in  the  21st 
century; 
Act No. 2016-1088 of 8 August 2016 on labour, modernisation of social dialogue and 
securing career paths;  
Act No. 2015-994 of 17 August 2015 on social dialogue and employment; 
Act  No. 2014-873  of  4  August  2014  on  real  equality  between  men  and  women, 
JO No. 179, 5 August 2014, p. 12 949; 
Act  No. 2012-954  of  6  August  2012  on  sexual  harassment,  JO No. 182, 
7 August 2012, p. 12 921; 
Act  No. 2006-340  of  23  March  2006  on  equal  pay  between  men  and  women,  JO 
No. 71, 24 March 2006 p. 4 440; 
Act No. 2012-347 of 12 March 2012 on access to the civil service and improvement 
of  conditions  of  employment  for  contractual  employees  in  the  civil  service  and 
combating discrimination; 
Act No. 2001-397 of 9 May 2001 on equality between men and women, JO No. 108, 
10 May 2001, p. 7 320; 
Act No. 83-635 of 13 July 1983, the ‘Roudy’ Act, JO 14 July 1983, p. 2 176; 
Labour Code Articles L. 1141-1 to L. 1144-3 concerning equality between men and 
women; Articles L. 1151-1 to L. 1155-4 concerning harassment;  
Labour Code Articles L. 3221-1 to L. 3222-2 concerning equal pay between women 
and men; and 
Act No. 83-634 of 13 July 1983, amended by Act No. 2019-828 of 6 August 2019 on 
the transformation of the civil service. 

Directive (EU) 2019/1158  of 
20 June 2019 on  Work-Life  Balance 
Council Directive 2010/18/EU: 

the European Parliament  and  of 

the  Council  of 
for  Parents  and  Carers  and  Repealing 

- 

Decree No. 2012-1061 of 18 September 2012 modifying the rules on parental leave 
applicable  to  public  servants  and  contractual  civil  servants,  JO  No. 218, 
19 September 2012, text No. 26.  

Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for 
equal treatment in employment and occupation: 

- 

- 

- 

- 

- 

Act  No. 2011-334  of  29  March  2011  on  the  Defender  of  Rights,  JO  No. 75, 
30 March 2011, p. 5 504; 
Act  No. 2008-496  of  27  May  2008  implementing  the  various  directives  on 
discrimination, JO No. 123, 28 May 2008, p. 8 801; 
Act No. 2004-1486 of 30 December 2004 creating the Equal Opportunities and Anti-
Discrimination Commission, JO No. 304, 31 December 2004, p. 22 567; 
Act No. 2001-1066 of 16 November 2001 concerning the fight against discrimination, 
JO No. 267, 17 November 2001, p. 18 311; 
Labour Code, Articles L. 1131-1 to L. 1134-4 concerning discrimination;  

8 

 
 
 
 
 
 
Country report - gender equality – France - 2023 

- 

Criminal  Code,  Articles  225-1  to  225-4;  Article  222-32;  Article  222-33-2;  and 
Article 432-7. 

Proposal  for  a  Directive  of  the  European  Parliament  and  the  Council  on  improving  the 
gender  balance  among  non-executive  directors  of  companies  listed  on  stock  exchanges 
and related measures/2012/0614 final - 2012/0299 (COD): 

- 

Act No. 2011-103 of 27 January 2011 relating to a Balanced Participation Between 
Men and Women on Company Boards, JO No. 23, 28 January 2011, p. 1 680. 

Occupational social security schemes (Chapter 2 of Directive 2006/54/EC): 
- 

Act  No. 2010-1330  of  9  November  2010  on  pension  reform,  JO  No. 261, 
19 November 2010, p. 20 034; 
Act  No. 2003-775  of  21  August  2003  reforming  pensions,  JO  No. 193, 
22 August 2003, p. 14 310. 

- 

Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 
on the recognition of professional qualifications: 

- 

Act No. 2007-1774, 17 December 2007, implementing various European provisions 
in economic and financial fields, JO No. 293, 18 December 2007 p. 20 354. 

Council  Directive  92/85/EEC  of  19  October  1992  on  the  introduction  of  measures  to 
encourage  improvements  in  the  safety  and  health  at  work  of  pregnant  workers  and 
workers who have recently given birth or are breastfeeding: 

- 

Articles  L. 1225-1  to  L. 1225-72  concerning  pregnancy,  maternity  protection,  and 
maternity, parental and paternity leave.  

Proposal for a Directive of the European Parliament and of the Council  on standards for 
equality  bodies  in  the  field  of  equal  treatment  and  equal  opportunities  between  women 
and men in matters of employment and occupation, and deleting Article 20 of Directive 
2006/54/EC and Article 11 of Directive 2010/41/EU. 

Bill No. 639 of 15 December 2022 to amend the French class action.22 

1.3  Sources of law 

The  main  sources  of  gender  equality  law  in  France  are  both  international  and  national. 
International  treaties,  once  they  are  ratified,  prevail  over  legislation,  according  to 
Article 55  of  the  Constitution.23  The  International  Covenant  on  Civil  and  Political  Rights 
was ratified in 1980.24 France ratified the  Convention on the Elimination of all Forms  of 
Discrimination Against  Women (CEDAW) on 14 December 1983.25 A Government report 
on  real  equality  between  women  and  men  published  in  2017  mentions  CEDAW  as  a 

22   Proposition de loi n°639 relative au régime juridique des actions de groupe, https://www.assemblee-

nationale.fr/dyn/16/textes/l16b0639_proposition-loi. 

23   Council of State (Conseil d’Etat), No. 108 243/20 October 1989 Nicolo. 
24   With the example of Article 26 of the Covenant on equality before the law. Ratification by the law of 

25 June 1980, in force on 4 February 1981. 

25   In 2006, the French Supreme Court (1st Civil Chamber) recognised implicitly the direct application of 

CEDAW in a case where a female authorised liquidator felt she had not been given sufficient bankruptcy 
files in the commercial court, based on Decree No. 84-193 of 12 March 1984 certifying the publication of 
the CEDAW Convention, even though the Court rejected the claim of sex discrimination. 

9 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report - gender equality – France - 2023 

fundamental text26 to justify ‘a systematic recognition of inequalities between women and 
men in order to take, if necessary, actions to correct them’.27  

The Council of Europe Convention on preventing and combating violence against women 
and domestic violence was ratified by France on 4 July 2014. French courts must disapply 
all legal rules contrary to EU equality law.28 Case law, which is not a binding source of law 
in France, refers directly to ECJ case law29 and to the EU gender directives, recognising 
equal treatment as it applies to sex discrimination as a general principle.30  

Outside of legislative and executive orders, in the Labour Code, collective bargaining on 
gender equality is an essential source of law.31 The Defender of Rights, an equality body 
created  by  constitutional  amendment,32  has  been  instrumental  in  targeting  gender  and 
transgender discrimination by private entities and public authorities.33 The body uses its 
powers  of  investigation  and  interventions  such  as:  resolving  a  conflict  by  mutual 
agreement by making recommendations or through mediation; intervening in support of 
a civil or criminal settlement; making observations before a court during the hearings and 
recommending sanctions by the administration against a physical person or legal  entity 
responsible for the gender discrimination.34 Authoritative academic interpretation is not a 
binding source of law but, like case law, has a strong influence on judges and legislative 
reform in France.35 The Defender of Rights made a formal evaluation of the implementation 
of the French class action in matters of discrimination36 and describes its potential role in 
furthering  equality  and  its  inherent  limits,  thus  justifying  future  legislative  changes 
especially regarding collective redress.37 The Defender of Rights also made its own policy 
recommendations regarding the future of anti-discrimination law in June 2021.38 The High 
Council on Equality plays a key role giving its own evaluation of bills pending on gender 
equality and compiling cutting edge reports on new challenges in terms of gender equality 
with  regards  to  stereotyping,  gender-based  violence,  gender  balancing,  workplace 
equality, reproductive rights and international/European relevant issues.39 

26   Secretary of State for Equality between Women and Men (2021) ‘Towards real equality between women 
and men: key statistics 2021’ (Secrétariat d’Etat chargé de l’égalité entre les femmes et les hommes 
(2021) Vers l’égalité réelle entre les femmes et les hommes: Chiffres clés 2021) p. 4; See also combined 
seventh and eighth periodic reports of States parties to the UN, published in 2014, available at: 
https://www.refworld.org/publisher,CEDAW,STATEPARTIESREP,FRA,577e02564,0.html. 

27   Secretary of State for Equality between Women and Men (2021) ‘Towards real equality between women 

and men: key statistics 2021’, p. 4. 
28   ECJ 6/64, Costa v. Enel, 15 July 1964. 
29   Recently, Court of Cassation, (Cour de Cassation) No. 18-15682 14 November 2019. 
30   Recently again, Court of Cassation (Cour de Cassation) No. 17-11.970, 3 April 2019. 
31   Article L. 2242-8 Labour Code: duty to negotiate collective agreements on equality between women and 

men. 

32   Constitutional amendment No. 2008-724 of 23 July 2008, Article 71, available at: https://www.conseil-

constitutionnel.fr/les-revisions-constitutionnelles/loi-constitutionnelle-n-2008-724-du-23-juillet-2008. 

33   See: https://www.defenseurdesdroits.fr/fr/institution/competences/lutte-contre-discriminations. 
34   See: https://www.defenseurdesdroits.fr/fr/institution/moyens/protection. 
35   Jamin, C., Jestaz, P. (2004), La doctrine (Doctrine), pp. 8-9. 
36   Law No. 2016-1547 on the modernisation of justice, Part VII (Article 60 et seq.) (Loi n° 2016-1547 du 18 

novembre 2016 de modernisation de la justice du XXIe siècle). 

37   Defender of Rights Opinion No. 20601, 5 February 2020, Report on the application of the class action 
mechanism (Avis du Défenseur des droits n°20-01 du 5 fév. 2020) and Defender of Rights Opinion 
No. 23_03, 23 Feb. 2023 related to the bill No. 639 on the legal framework of group actions), 
https://juridique.defenseurdesdroits.fr/doc_num.php?explnum_id=21584. 

38   The Defender of Rights produced her own policy recommendations following the citizens’ consultation on 
discrimination, 15 June 2021, https://www.defenseurdesdroits.fr/fr/communique-de-presse/2021/06/la-
defenseure-des-droits-remet-sa-contribution-a-la-consultation. 

39   See: https://www.haut-conseil-egalite.gouv.fr/. 

10 

 
 
 
 
 
 
 
Country report - gender equality – France - 2023 

1.4  Main surveys, reports on gender equality and other issues 

Surveys40 and reports on the implementation and effectiveness of discrimination law and 
collective bargaining for all grounds41 and studies on the implementation of gender equality 
law more specifically have flourished in the last five years in France.42 This is a relatively 
new trend since the issue of sex discrimination was more often construed in the past as 
an issue of sex equality, before the first general anti-discrimination law in 2001,43 which 
referred  explicitly  to  both  direct  and  indirect  discrimination.  The  issue  of  algorithmic 
discrimination  and  its  impact  on  gender  equality  is  also  the  subject  of  increasing 
investigation.44 Since combating racism and antisemitism was one of the political priorities 
of the French Presidency of the Council of the European Union,45 the whole Government 
led by the Prime Minister  launched a national plan to fight against racism, antisemitism 
and discrimination based on origin which supports collective redress, testing techniques 
and prevention of discrimination.46 

General reports and surveys on the application of laws note sex as a significant factor in 
discrimination  in  all  sectors  and  particularly  in  the  realm  of  employment  in  the  private 
sector47 where equality of access to employment does not mean equality of opportunity 
for women.48 In the public sector, in relation to access to certain jobs through a seemingly 

40   Defender of Rights and ILO (2017) 10e Baromètre de la perception des discriminations dans l’emploi (10th 
Barometer on the perception of discrimination in employment); Defender of Rights and ILO (2018) 11e 
Baromètre de la perception des discriminations dans l’emploi (11th Barometer on the perception of 
discrimination in employment). 

41   Sciberras, J-C., Barbezieux, P. (2015) Rapport de synthèse des travaux du groupe de dialogue inter-

partenaires sur la lutte contre les discriminations en entreprise (Summary Report of the discussion group 
on combating discrimination in companies) May 2; Sciberras, J-C., Barbezieux, P. (2016), Rapport sur le 
suivi de la mise en œuvre des propositions du groupe de dialogue sur la lutte contre les discriminations en 
entreprise (Report on the implementation of the proposals made by the discussion group on combating 
discrimination in companies), November 2016, pp. 22-24, available at: https://medias.vie-
publique.fr/data_storage_s3/rapport/pdf/164000702.pdf. 
Pecaut-Rivolier, L., Pons, D. (2016), Les discriminations collectives en entreprise - Lutter contre les 
discriminations au travail: un défi collectif (Collective discrimination in companies: Combating 
discrimination at work: a collective challenge), p. 18, available at: 
https://www.ladocumentationfrancaise.fr/var/storage/rapports-publics/134000863.pdf. 

42   See especially the national past reports on the implementation of equality law in employment from the 
former High Council on Equality in Employment (Conseil Supérieur à l’Egalité Professionnelle), like the 
excellent one on sexism at work in 2015, https://www.haut-conseil-egalite.gouv.fr/IMG/pdf/rapport-csep-
v7bat.pdf; also national reports of the High Council on Equality between women and men which now 
includes the task of the former High Council on Equality in Employment, especially on sexism, violence 
against women and the implementation of parity rules, http://www.haut-conseil-egalite.gouv.fr/. 
43   Act No. 2001-1066 of 16 November 2001 concerning the fight against discrimination, JO No. 267, 

17 November 2001, p. 18 311. 

44   After the general scope of the Villani report on the impact of artificial intelligence which mentions gender 
discrimination and a need for more transparency on recruitment and promotion procedures for men and 
women at work, Villani, C. (2018) Donner un sens à l’intelligence artificielle: pour une stratégie nationale et 
européenne, (Giving meaning to artificial intelligence: for a national and European strategy) 
8 September 2018, p. 171 available at: 
https://www.aiforhumanity.fr/pdfs/9782111457089_Rapport_Villani_accessible.pdf; in terms of 
employment, other private studies of engineering schools have shown how recruitment selection, ranking of 
employees and evaluations use algorithms that ignore or increase the disadvantage of women by 
misrepresenting them; Telecom Paris Tech (2019), Biais, discriminations et équité, https://www.telecom-
paris.fr/wp-content-EvDsK19/uploads/2019/02/Algorithmes-Biais-discrimination-equite.pdf; Defender of 
Rights and CNIL (joint report) (2020), Algorithmes: prévenir l’automatisation des discriminations 
(Algorithms: preventing the automation of discrimination), 
https://www.defenseurdesdroits.fr/fr/rapports/2020/05/algorithmes-prevenir-lautomatisation-des-
discriminations. 

45   Council of the European Union, Conclusions on combating racism and antisemitism, 2 March 2022, 

https://data.consilium.europa.eu/doc/document/ST-6406-2022-REV-1/en/pdf. 

46   See: https://www.gouvernement.fr/dossier-de-presse/plan-national-contre-le-racisme-lantisemitisme-et-

les-discriminations-liees-a-lorigine. 

47   Age and sex are the foremost grounds of perceived discrimination in employment (15 %): Defender of 

Rights and ILO (2017) 10e Baromètre de la perception des discriminations dans l’emploi (10th Barometer 
on the perception of discrimination in employment). 

48   Pecaut-Rivolier, L., Pons, D. (2016) Les discriminations collectives en entreprise - Lutter contre les 
discriminations au travail: un défi collectif (Collective discrimination in companies: Combating 

11 

 
 
 
 
 
 
Country report - gender equality – France - 2023 

neutral  competition,  studies  based  on  testing  show  the  difficulty  of  implementing  equal 
treatment for female North African candidates.49 Other general reports on discrimination 
on all grounds recognise formally the economic cost of violations of sex discrimination law, 
reflected as a loss of profit (3 % to 14 % of GDP) and ‘economic’ sanctions linked to the 
gender pay gap50 and its pervasiveness, for example, against single parent families headed 
by  women,  in  access  to  housing.51  Another  report  highlights  systemic  discrimination 
(expressly defined in relation to a segregated workforce)52 to justify introducing collective 
action to litigate discrimination cases.53 In the report, systemic discrimination is defined 
as:  

‘discrimination  that  derives  from  a  system;  in  other  words,  an  established  order 
resulting from practices, voluntary or involuntary, neutral in appearance, but which 
produce  pay  disparities  or  differences  in  career  paths  between  one  category  of 
workers  and  another.  This  systemic  discrimination  combines  four  factors: 
stereotypes  and  biases;  segregation  in  the  workplace  affecting  categories  of 
employment; the devaluation of certain types of employment; a goal of short term 
economic  efficiency.  (…)  It  is  not  necessarily  detected  without  an  in-depth 
examination of situations by category.’ 

Systemic discrimination can result from intentional organised forms of subordination, for 
example against undocumented workers on construction sites, as was formally recognised 
in December 2019, in the French Employment Tribunal, with evidence produced in  court 
by a sociologist studying this specific work environment and the input of the amicus curiae 
of the Defender of Rights also acknowledging the existence of systemic discrimination.54 

An important survey by the Defender of Rights with the ILO uncovered the intersectional 
dimension of gender discrimination and how the experience is more often linked to several 
grounds  rather  than  gender  alone.55  The  joint  survey  with  the  ILO  in  2021  on 
discrimination  based  on  young  age,  showed  that  a  high  percentage  of  women  do  not 
introduce  claims  to  seek  justice.56  In  2022,  the  focus  was  on  discrimination  in  the  care 
industry which disproportionately impacts women of foreign origin.57 

discrimination at work: a collective challenge), pp. 18-19, available at: 
https://www.ladocumentationfrancaise.fr/var/storage/rapports-publics/134000863.pdf. 

49   L’Horty, Y. (June 2016), Les discriminations dans l’accès à l’emploi public Rapport au Premier Ministre 
(Discrimination in access to public employment, Report to the Prime Minister), pp.4-5, available at: 
https://medias.vie-publique.fr/data_storage_s3/rapport/pdf/164000419.pdf. 

50   Bon-Maury, G., Bruneau, C., Dherbécourt, C., Diallo, A., Flamand, J., Gilles, C., Trannoy, A. (2016), Le coût 

économique des discriminations (The economic cost of discrimination), pp. 44-57, available at: 
https://www.strategie.gouv.fr/sites/strategie.gouv.fr/files/atoms/files/19-09-
2016_fs_rapport_cout_economique_des_discriminations_final_web_0.pdf. 

51   Defender of Rights (2017) Enquête sur l’accès aux droits (Survey on access to rights), p. 31, available at: 

https://juridique.defenseurdesdroits.fr/doc_num.php?explnum_id=16974. 

52   Pecaut-Rivolier, L., Pons, D. (2016), Les discriminations collectives en entreprise - Lutter contre les 

discriminations au travail: un défi collectif (Collective discrimination in companies: Combating 
discrimination at work: a collective challenge), pp. 27-28, available at: 
https://www.ladocumentationfrancaise.fr/var/storage/rapports-publics/134000863.pdf. 

53   Pecaut-Rivolier, L. Pons, D. (2016), Les discriminations collectives en entreprise - Lutter contre les 
discriminations au travail: un défi collectif (Collective discrimination in companies: Combating 
discrimination at work: a collective challenge), p. 98, available at: 
https://www.ladocumentationfrancaise.fr/var/storage/rapports-publics/134000863.pdf. 

54   Conseil de prud’hommes Paris, 17 December 2019, No. 17/10051; see comments on the case in Mercat-

Bruns, M. (2020), ‘A comparative study on collective redress in Romania, Norway and France: the 
challenges of strategic litigation’, European Equality Law Review, p. 19; Mercat-Bruns, M. (2020), ‘The 
different forms of discrimination at work: what coherence?’ (Les différentes figures de la discrimination au 
travail: quelle cohérence ?) RDT 2020, p. 25. 

55   Defender of Rights and ILO (2017) 10e Baromètre de la perception des discriminations dans l’emploi (10th 

Barometer on the perception of discrimination in employment), p. 8. 

56   Defender of Rights and ILO (2021), 14th Barometer on the perception of discrimination in employment 

focused on discrimination based on young age, https://www.defenseurdesdroits.fr/fr/dossier-de-
presse/2021/12/14e-barometre-sur-la-perception-des-discriminations-dans-lemploi. 

57   Defender of Rights and ILO (2022) 15th Barometer, Perception of discrimination in employment: focus on 
the care industry, (15ème Baromètre, La perception des discriminations dans l’emploi consacré aux services 

12 

 
 
 
 
 
 
 
Country report - gender equality – France - 2023 

The more specific surveys and reports on gender equality flesh out the diversified nature 
of direct and indirect discrimination. The most recent study in 2022 of the High Council on 
Equality which was just published concerns the impact of online work on women’s careers, 
‘reassigning  them  at  home’,  increasing  the  risk  of  domestic  violence:  proposals  include 
suggesting  spaces  of  coworking  outside  of  home,  additional  support  for  elder-  and 
childcare and more comparative statistical studies on the impact of online work  on men 
and women.58  

The  High  Council  on  Equality  called  for  a  broadening  of  the  legal  scope  of  direct 
discrimination through recognising the prevalence of sexism,59 including that perpetrated 
against employees who have no managerial  responsibilities,60 and sexual harassment,61 
creating impetus for new rules that ban sexist conduct and generalise sanctions. In 2020, 
the  High  Council  on  Equality  published  the  second  report  on  sexism,  required  by  Act 
No. 2017-86  of 27  January  2017 on  equality  and  citizenship,62  focusing  particularly  on 
sexism in companies, media and the political sphere. The results reveal rampant sexism 
in  companies  alongside  some  remarkable  initiatives  for  monitoring  the  issue  in  larger 
companies.  Media,  especially  reality  TV  shows,  still  depict  a  very  stereotypical  view  of 
women as objects. The 2021 Report of the High Council confirms the same pervasiveness 
of sexism despite more awareness-raising.63 In the educational realm, the Law No. 2021-
1774 of 24 December 2021 on professional and economic equality of women and men will 
now require school counsellors to be trained on gender stereotypes (Article L. 313-1 of the 
Education Code) and higher education institutions will have to publish statistics on gender 
disparities in their different programmes and measures to correct inequalities according to 
an upcoming decree (Article 7 of the new law, and Article L. 612-1 of the Education Code).  

In  the  political  realm,  despite  parity  rules,  many  environments  are  still  paternalistic  or 
disrespectful  of  women’s  voices  in  public  debate  and  locally,  84 %  of  the  mayors  are 
men.64 A recent report in 2022 confirms that though gender balance is achieved in local 
municipalities of over 1 000 residents, it is not the case in smaller cities and towns and 
systemic sexism in politics is still rampant and stigmatises women locally.65 The surveys 

à la personne), https://www.defenseurdesdroits.fr/sites/default/files/atoms/files/ddd_oit_15e-
barometre_20221118.pdf. 

58   High Council on Equality, Report for an implementation of online work which considers gender equality, 

https://www.haut-conseil-egalite.gouv.fr/egalite-professionnelle/travaux-du-hce/article/rapport-pour-une-
mise-en-oeuvre-du-teletravail-soucieuse-de-l-egalite-entre-les. 

59   Bousquet, D., Vouillot, F., Collet, M., Oderda, M. (2019), Report of the High Council on Equality between 
women and men (2019), Premier Etat des lieux du sexism en France: lutter contre une tolerance qui 
persiste (First evaluation of sexism in France: combating persistent tolerance), available at: 
https://www.vie-publique.fr/sites/default/files/rapport/pdf/194000047.pdf; Grésy, B., Becker, M. (2015), 
Report of the High Council on Equality in Employment, Rapport sur le sexisme dans le monde du travail: 
entre déni et réalités (Sexism in the workplace: between denial and reality), available at: 
https://femmes.gouv.fr/wp-content/uploads/2015/03/RAPPORT-CSEP-V7BAT.pdf; last report of the High 
Council on Equality (2020), Evaluation of sexism at work in 2019, Haut conseil de l’Egalité, Rapport annuel 
de l’Etat des lieux du sexisme au travail, Etat http://haut-conseil-
egalite.gouv.fr/IMG/pdf/rapport_etat_des_lieux_du_sexisme_2019.pdf. 

60   74 % of employees (non-managers), Survey of the High Council on Equality in Employment and BVA 

Survey Insitute, Les relations de travail entre les femmes et les hommes au sein de la population non-cadre 
(Employment relations between women and men in non-managerial posts), available at: 
https://www.bva.fr/sondages/relations-de-travail-entre-femmes-hommes-sein-de-population-non-cadre/. 
61   In 2014, 20 % of working women declare having been sexually harassed during their career and 20 % of 
French people say they know at least one person who has been a victim of sexual harassment at work, 
Defender of Rights (2014), Survey on harassment at work, available at: 
https://www.defenseurdesdroits.fr/sites/default/files/atoms/files/ddd_etu_20140301_harcelement_sexuel_
synthese_0.pdf. 

62   See: https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000033934948.  
63   High Council on Equality (2022), First Barometer on sexism, https://www.haut-conseil-

egalite.gouv.fr/stereotypes-et-roles-sociaux/actualites/article/rapport-2022-sur-l-etat-du-sexisme-en-
france-sexisme-en-2022-le-1er-barometre. 

64   High Council on Equality (2020), Annual Report on sexism in France 2019, 2 March 2020, 

https://www.haut-conseil-egalite.gouv.fr/IMG/pdf/rapport_etat_des_lieux_du_sexisme_2019-2.pdf.  
65   Report No. 2022-02-02-PAR-51 of the High Council on Equality, How to attain gender balance/parity in 

municipalities: obstacles and levers (Rapport n°2022-02-02-PAR-51, S. PIERRE-BROSSOLETTE, A. ARCIER, 
M. CHAUDOUËT-DELMAS, M. MURACCIOLE, Comment obtenir la parité au sein des communes et des 

13 

 
 
 
 
 
 
Country report - gender equality – France - 2023 

and  reports  also  expose  more  structural  forms  of  gender  inequalities.  Reports  indicate 
direct  and  indirect  discrimination  when  analysing  HR  processes:  explicit  biases  in 
discretionary  professional  evaluations  as  well  as  processes  that  seem  neutral  in 
appearance but are discriminatory in their effects.66 One report focuses on the challenges 
of parenting and work-life balance.67 Another one identifies the limited access for women 
to the right to training,68 especially linked to part-time work69 and some lingering barriers 
to  the  implementation  of  parity  rules  on  executive  boards.70  One  report  scrutinises  the 
indirect discrimination in grading systems ingrained in collective bargaining agreements 
that devalue or ignore the skills linked to certain positions generally held by women, an 
effect  that  is  enhanced  by  sex-segregated  workplaces.71  Another  report  looked  at  older 
women  in  employment  and  found  that  they  are  more  exposed  to  certain  forms  of 
vulnerability  in  employment  in  terms  of  qualifications,  part-time  working  and  having 
limited access to continuing education.72  

intercommunalités : freins et leviers), https://medias.vie-
publique.fr/data_storage_s3/rapport/pdf/283626.pdf. 

66   Grésy, B., Lebert, S. (2019), Egalité entre les femmes et les hommes dans les procédures RH: Le réflexe 
égalité à chaque étape (Equality between women and men in HR processes: the equality reflex at each 
stage), available at: https://www.egalite-femmes-hommes.gouv.fr/wp-content/uploads/2019/03/Version-
finale-RAPPORT-Egalite-dans-les-procedures-RH.pdf. See also how forms of intentional indirect 
discrimination can be uncovered by the Court of Cassation, Mercat-Bruns, M. (2019), ‘Indirect 
discrimination in Employment in France: a relative success?’, in Havelkova, B., Möschel, M., Anti-
Discrimination Law in Civil Law Jurisdictions, Oxford University Press, p. 244. 

67   Grésy, B., Amouzou, A. (2019), Enquête sur la prise en compte de la parentalité au travail (Survey on how 

parenting is considered in the workplace), available at: https://www.egalite-femmes-hommes.gouv.fr/wp-
content/uploads/2019/02/Prendre-en-compte-la-parentalite-au-travail-Presentation-des-resultats-du-22-
fevrier-2019.pdf. 

68   Smadja, C. (2018), Note du CSEP sur le bilan de la prise en compte de l’égalité dans la formation 
professionnelle (Summary report from the High Council on Equality in Employment on equality in 
professional development), available at : https://haut-conseil-egalite.gouv.fr/IMG/pdf/note-csep-sur-bilan-
de-la-prise-en-compte-de-legalite-dans-la-formation-professionnelle.pdf. 

69   Smadja, C. (2018), Note du CSEP sur le bilan de la prise en compte de l’égalité dans la formation 
professionnelle (Summary report from the High Council on Equality in Employment on equality in 
professional development), p. 7. 

70   Bousquet, D., Grésy, B. (2016) La part des femmes dans les conseils d’administration et de surveillance 

(The proportion of women on executive boards), available at : https://www.haut-conseil-
egalite.gouv.fr/IMG/pdf/hcefh_rapport_parite_eco_20160115-par-019-2.pdf. 

71   Grésy, B., Becker, M. (2017), for the High Council on Equality in Employment, Guide fondé sur la 

méthodologie issue des travaux du groupe paritaire sur les classifications (Guide based on the methodology 
derived from study groups on the promotion of equality in grading systems within collective bargaining), 
cited in a kit based on a guide https://www.haut-conseil-egalite.gouv.fr/IMG/pdf/kit_egalite_classification-
vf.pdf; see also Briard, K. (DARES, Department of research, studies and statistics), Job Segregation 
between women and men: links with part time work?, (Ségrégation professionnelle entre les femmes et les 
hommes: quels liens avec le temps partiel ? Doc. No. 234 July 2019, https://dares.travail-
emploi.gouv.fr/IMG/pdf/dares_etudes_segregation_professionnelle_femmes_hommes_temps_partiel.pdf. 

72   High Council on Equality in Employment for Women and Men (2019), Senior women in employment, 

https://www.anact.fr/sites/anact/files/CSEP-RAPPORT-FEMMES-SENIORS-EMPLOI-1.pdf. 

14 

 
 
 
 
 
Country report - gender equality – France - 2023 

1.4.1  Other issues: 

Other issues that have been at the forefront of national studies and discussions on equality 
concern  the  constitutionalisation  and  extension  of  reproductive  rights,73  the  impact  of 
endometriosis74  and  obstetric  violence,75  the  legislative  reform  on  sexual  violence 
pertaining to the issue of rape and sexual consent by minors.76 The Paris police department 
in 2022 conducted a report on continued sexual and domestic violence against women77 
(some studies in 2022 show an increase in complaints)78 and according to a study of 26 
August 2022, the Minister of the Interior deplores that there were still 143 violent deaths 
in  couples  in  2021  which  include  122  femicides79  despite  the  #MeToo  movement  and 
exposure through social media.80 Persistent stereotypes against women are reported also 
in the field of art and culture.81 The first Parliamentary study on pornography came out on 

73   New law extending by two weeks the access to the right to abortion (12 to 14 weeks), Act No. 2022-295 of 
2 March 2022 reinforcing the right to abortion (LOI n° 2022-295 du 2 mars 2022 visant à renforcer le droit 
à l'avortement), https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000045287560. 

74   Report on a national strategy to face endometriosis for the Minister of Social Affairs 11 January 2022 which 

affects 10 % of French women of childbearing age, https://medias.vie-
publique.fr/data_storage_s3/rapport/pdf/283266.pdf. 

75   See reports of the High Council on Equality between women and men, available at: https://www.haut-

conseil-
egalite.gouv.fr/IMG/pdf/guide_pour_une_communication_publique_sans_stereotype_de_sexe_vf_2016_11
_02.compressed.pdf. 

76   Opinion given by the Council of State (Conseil d’Etat) on 21 March 2018, which influenced the new 

Act No. 2018-703 of 3 August 2018 reinforcing the fight against sexual and sexist violence. The opinion 
advised against a presumption of non-consent to sex by young people under the age of 15 on the basis of 
the presumption of innocence, favouring easier fact-finding in cases of sexual assault: ‘when the sexual 
assault is committed against a person who is a minor of 15 years old, what characterises coercion or 
surprise is the abuse of the vulnerability of the victim who does not have the required discernment for 
these acts’ (Article 222-22-1 of the Criminal Code), https://www.conseil-etat.fr/ressources/avis-aux-
pouvoirs-publics/derniers-avis-publies/projet-de-loi-renforcant-la-lutte-contre-les-violences-sexuelles-et-
sexistes-commises-contre-les-mineurs-et-les-majeurs. New law 21 April 2021 to protect minors against 
sexual crimes and misdemeanours and incest (LOI n° 2021-478 du 21 avril 2021 visant à protéger les 
mineurs des crimes et délits sexuels et de l'inceste). It creates 4 new offences: the crime of rape against 
minors under 15 years old (jail sentence, 20 years); the crime of incestuous rape on minors (under 18) (jail 
sentence 20 years); misdemeanour of sexual assault on minors under 15 (jail sentence 10 years and 
EUR 150 000 fine); misdemeanour of incestuous sexual assault on minors (under 18) (jail sentence 10 
years and EUR 150 000 fine). The judges no longer have to establish that there was mental coercion, 
surprise or threat. They finally left out an amendment on a new crime of sexual penetration of a minor 
under 13. Exception (‘Romeo and Juliette’ situation): in the case of a non-incestuous sexual relationship 
between a minor and another person of less than five years age difference (e.g. 14 with an 18-year-old). 
The definition of rape is extended to include oral sexual acts and the law extends the scope of incest to 
great uncles and great aunts. The new law, without extending the statute of limitations of 30 years of the 
law of 3 August 2018 on sexual and sexist violence (30 years from the day of majority until 48 years old), 
provides that the statute of limitation can pass and the minor can ‘profit’ from an extension of his/her 
statute of limitation if the same person rapes or sexually assaults another minor. The statute of limitation is 
also interrupted if there is a hearing, for example. To encourage persons to inform of violence on a child, 
the statute of limitations of the misdemeanour covering the lack of denunciation of violence is extended to 
10 years following the age of majority of the victim in the case of sexual assault and 20 years following the 
age of majority of the victim in the case of rape (instead of previously 6 years following offence). 
https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000043403203.  

77   Report just prior to subsequent reforms by the Police Prefect of Paris of 19 January 2022 on the challenges 
of victims of sexual and domestic violence filing complaints in police stations in Paris and its suburbs (lack 
of confidentiality, only severe physical violence taken into account, inadequate monitoring of complaints, 
insufficient evaluation of danger, https://www.prefecturedepolice.interieur.gouv.fr/laccueil-des-femmes-
victimes-de-violences-conjugales-et-sexuelles. 

78   A statistical study of the Minister of the Interior reports that since 2016, complaints based on domestic 

violence have doubled (and +21 % in 2021 compared to 2020, 87 % de femmes), 
https://www.interieur.gouv.fr/Interstats/Publications/Interstats-Analyse/Interstats-Analyse-n-53-Les-
violences-conjugales-enregistrees-par-les-services-de-securite-en-2021. 

79   Study of the Minister of the Interior of 26 August 2022, https://www.interieur.gouv.fr/actualites/actu-du-

ministere/etude-nationale-sur-morts-violentes-au-sein-du-couple-2021. 

80   See discussion on the limited impact on continued sexual violence against women one year after the 

#MeToo movement in France, http://www.haut-conseil-egalite.gouv.fr/violences-de-
genre/actualites/article/cp-un-an-apres-metoo-la-lutte-contre-les-violences-sexistes-et-sexuelles-doit. 

81   See report by the High Council on persistent stereotypes in the field of French art and culture, 

http://www.haut-conseil-egalite.gouv.fr/stereotypes-et-roles-sociaux/travaux-du-hcefh/article/egalite-
dans-la-culture-le-temps-de-l-action#top#t1. 

15 

 
 
 
 
Country report - gender equality – France - 2023 

27 September 2022 denouncing a globalised industry which has developed the exploitation 
and the commercialisation of women’s bodies as a business on an international scale.82  

The High Council on Equality recommended that the Constitution be amended to recognise 
the right to abortion83 considering the wave of restrictions on procreative rights in other 
European countries as well as the reversal of Roe v. Wade84 in the United States and the 
initiative first introduced in the General Assembly in October 2022 is still pending after the 
Senate’s  adoption  of  an  amendment  recognising  the  freedom  of  women  to  end  their 
pregnancy instead of a constitutional right to abortion.85 In the midst of discussions on the 
pension  reform  that  was  just  adopted  with  great  difficulty,86  there  have  been  several 
Government reports that pay attention to the plight of older women. The Pensions Advisory 
Council (Conseil d’orientation des retraites) had pointed out the wage disparities between 
men and women, which affect the amount of pension awarded at the end of a  woman’s 
career  regardless  of  the  pension  scheme.87  Moreover  a  report  on  pensions  in  the  civil 
service explained how reforms have progressively taken away gendered service credits for 
women after the Griesmar and Leone EU cases, whereas in the past the Quintanel French 
case accepted compensation measures.88 

A  senatorial  report  of  the  implementation  of  the  2016  law  on  fining  customers  of  sex 
workers denounced its lack of effectiveness: in particular, the evaluation notes a lack of 
financial  investment  to  help  prostitutes  find  other  jobs  through  non-profit  organisations 
(only 568 in five years) and the fact that only 1 300 ‘clients’ have been fined.89  

82   Senate Information Report on Pornography, Report No. 900 (2021-2022) Vol. 1, 27 September 2022, 

https://www.senat.fr/notice-rapport/2021/r21-900-1-notice.html. 

83   A first attempt to introduce a constitutional amendment in the Senate had failed on 14 Oct. 2022 , see 

https://www.publicsenat.fr/article/politique/droit-a-l-avortement-dans-la-constitution-le-texte-rejete-en-
commission-au-senat but a new amended initiative was introduced in the Senate in 2023, https://www.vie-
publique.fr/loi/287299-proposition-de-loi-droit-ivg-dans-la-constitution. 

84   Supreme Court of the United States, Dobbs v. Jackson Women’s Health Organization (often called the 

Dobbs Decision), No. 19-1392, 597 U.S. ___ (2022). 

85   Following the French President’s intention to insert the right to abortion in the EU Charter of Fundamental 

Rights, the High Council on Equality has recommended the constitutional recognition of the right to abortion 
in France, https://www.haut-conseil-egalite.gouv.fr/IMG/pdf/vigilance_egalite_-_un_demi-
siecle_apres_la_loi_veil_le_hce_demande_la_constitutionnalisation_de_l_ivg-2.pdf. 

86   Law on the financing of social security of 24 April 2023 which raises the retirement from 62 to 64 years of 

age, https://www.vie-publique.fr/loi/287916-loi-reforme-des-retraites-2023-plfss-
rectificatif#:~:text=de%20la%20loi.-
,La%20r%C3%A9forme%20globale%20des%20retraites,n%C3%A9s%20le%201er%20septembre%20196
1. 

87   Pensions Advisory Council (COR) (2019), Secretary, The inequalities between women and men during 

employment and at retirement, https://www.cor-retraites.fr/sites/default/files/2019-
12/2019_12_02_FNR.pdf. 

88   Report on pensions in the civil service, https://www.budget.gouv.fr/documentation/file-download/4131. 
89   Previous surveys only reported recently at a round-table at the Senate before the Equality Committee, April 

2021, https://www.publicsenat.fr/article/parlementaire/prostitution-cinq-ans-apres-la-loi-dite-de-
penalisation-du-client-offre-un. 

16 

 
 
 
 
 
 
 
Country report - gender equality – France - 2023 

2 

General legal framework 

2.1  Constitution 

2.1.1  Constitutional ban on sex discrimination 

According to the Preamble to the Constitution of 27 October 1946, ‘The Law guarantees 
women  equal  rights  to  those  of  men  in  all  spheres.’  This  recital  is  broad  in  scope  and 
applies  to  the  public  and  private  sectors.  There  have  been  proposals  to  amend  the 
Constitution to make it more gender-neutral, replacing the term (universal) ‘men’s rights’ 
(droits  de  l’homme)  with  ‘human  rights’  and  the  term  ‘fraternity’,  which  follows  the 
principle of equality and liberty with the term ‘adelphity’.90 

2.1.2  Other constitutional protection of equality between men and women  

According to Article 1 of the Constitution, ‘Statutes shall promote equal access by women 
and men to elective offices and posts as well as to professional and social positions’. This 
paragraph of the Constitution was first introduced in 1999 and later modified including in 
2008  to  allow  positive  action  in  political  elections  (gender  quotas  in  political  decision-
making) and also in the professional sphere. However, this Article does not institute an 
obligation for Parliament to adopt such positive action measures.91 

A current constitutional reform is still pending to remove the word ‘race’ in Article 1 of the 
Constitution and to insert the word ‘sex’ in the prohibition of all distinctions before the law, 
reinforcing an attachment to formal equality.92 The reform process was suspended for a 
while during the ‘yellow vest’ protests. The adoption process for the amendments to the 
Constitution affecting institutions93 and the principles of the Constitution itself (including 
Article  1)  were  separated  into  three  parts.94  So  far,  only  the  amendments  affecting 
institutions have been presented to the Council of Ministers (on 28 August 2019)95 and the 
process of amending the Constitution seems to have come to a standstill since the French 
presidential election in 2022 and to have been put aside for the moment, considering the 
political tension surrounding the pension reform in 2022. 

90   High Council on Equality (2018) ‘For a Constitution guaranteeing equality of women and men’, consultation 

https://www.haut-conseil-egalite.gouv.fr/IMG/pdf/hce_rapport_constitution-garante-v4.pdf. 

91   Xenidis, R., Masse-Dessen, H. (2018), ‘Positive action in practice: some dos and don’ts in the field of 

gender equality law’, European Equality Law Review Vol. 2, pp. 50-57. 

92   On the debate in Parliament on the elimination of the word from the Constitution, see: 

https://www.assemblee-nationale.fr/dyn/15/comptes-rendus/seance/session-extraordinaire-de-2017-
2018/deuxieme-seance-du-jeudi-12-juillet-
2018#xd_co_f=OGRkYjkzMGItMTBiZi00ZGQyLThlMGQtNmE1MGQwODVlNDAy~. 

93   See: 

https://www.legifrance.gouv.fr/affichLoiPreparation.do;jsessionid=70761FF5EF85D820ED9DC3ECFD15022E
.tplgfr32s_3?idDocument=JORFDOLE000038982496&type=contenu&id=2&typeLoi=proj&legislature=15. 
94   See: https://www.lesechos.fr/politique-societe/politique/la-revision-des-institutions-et-de-la-constitution-

140935. 

95   As the constitutional reform has not yet passed (it has been postponed since 2019 presumably because of 
the two waves of protest in the country such as the yellow vests grassroots movement originally resisting 
additional environmental taxes, https://www.economist.com/europe/2019/03/28/frances-yellow-jacket-
protests-are-smaller-but-still-fierce and the general strikes resisting the pension reform, 
https://www.economist.com/europe/2019/12/12/french-workers-strike-to-keep-their-lavish-pensions), 
Article 1 still does not mention sex and states that ‘France shall be an indivisible, secular, democratic and 
social Republic. It shall ensure the equality of all citizens before the law, without distinction of origin, race 
and religion’. On the reform: see: http://www.assemblee-
nationale.fr/dyn/15/dossiers/democratie_plus_representative_responsable_efficace#node_51536; 
https://www.lemonde.fr/politique/article/2018/07/12/l-assemblee-supprime-dans-la-constitution-le-mot-
race-et-interdit-la-distinction-de-sexe_5330615_823448.html. 

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Country report - gender equality – France - 2023 

The  Constitutional  Council  (Conseil  Constitutionnel)  clarified  an  ongoing  debate  on  the 
constitutionality of the law of 2016 on combating prostitution which fines customers and 
was considered by detractors as an infringement of sex workers’ personal sexual liberty.96 
The Court ultimately decided that the intent of the legislator was to consider that the vast 
majority of prostitutes were victims of procuring and human trafficking and that the law 
was  constitutional  by  achieving  a  balance  which  was  not  excessively  disproportionate 
between  the  constitutional  aim  of  the  law  to  achieve  public  order,  prevent  criminal 
violations and safeguard the dignity of the person, on the one hand, and personal liberty 
on the other hand.97  

Following a request for preliminary review (question prioritaire de constitutionnalité), the 
Constitutional  Council  considered  that  the  fact  the  new  law  on  bioethics  excludes 
transgender persons from a right to in vitro fertilisation does not violate the Constitution.98 

Following  the  reversal  of  Roe  v  Wade  in  the  United  States,99  the  French  Assembly 
introduced a bill to recognise a constitutional right to abortion in October 2022100 that was 
first rejected in 2022 by the Senate but a new version is in consideration which refers to 
the ‘freedom’ to terminate pregnancy instead of the constitutional right to do so.101 

2.2  Equal treatment legislation 

The Labour Code explicitly prohibits sex discrimination and provides for equal treatment 
between men and women according to Article L. 1132-1 and Articles L. 1142-1 et seq. 

Other discrimination grounds are covered. Article L. 1132-1 of the Labour Code prohibits 
discrimination based on origin, sex, mores, sexual orientation and gender identity, age, 
family  situation  or  pregnancy,  genetic  characteristics,  membership  or  non-membership, 
real  or supposed, of an ethnicity, a nation or a presumed race, political opinions, union 
activities, religious convictions, physical appearance, family name, place of residence or 
place of banking, state of health, loss of autonomy or disability, and the capacity to speak 
a language other than French. This list is regularly modified in order to add new prohibited 
grounds.102 For example, in 2016, the grounds of ‘gender identity’ replaced the grounds 
of  ‘sexual  identity’  to  cover  transgender  discrimination  more  rigorously103  and  whistle-
blowers  and  those  who  support  them  have  also  been  protected  since  2022  by  anti-
discrimination law in employment.104 

96   Constitutional Council (Conseil Constitutionnel), QPC Decision No. 2018-761 of 1 February 2019, judicial 
review of the Act to combat prostitution and support sex workers (Loi n° 2016-444 visant à renforcer la 
lutte contre le système prostitutionnel et à accompagner les personnes prostituées), 13 April 2016, 
Article 611-1 Criminal Code. 

97   Constitutional Council (Conseil Constitutionnel), QPC Decision No. 2018-761 of 1 February 2019. 
98   Constitutional Council (Conseil Constitutionnel), QPC Decision No. 2022-1003 of 8 July 2022, judicial review 

of Article L. 2141-2 of the public health code resulting from Act No. 2021-1017 of 2 August 2021 on 
bioethics, https://www.conseil-constitutionnel.fr/decision/2022/20221003QPC.htm. 

99   Supreme Court of the United States, Dobbs v. Jackson Women’s Health Organization, No. 19-1392, 24 June 

2022, 597 U.S. ___ (2022). 

100  See: https://www.assemblee-nationale.fr/dyn/16/textes/l16b0293_proposition-loi. 
101  Bill No. 815 introducing a constitutional amendment modified by the Senate to protect and guarantee a 

fundamental right to abortion, 2 February 2023 (Proposition de loi constitutionnelle, modifiée par le Sénat, 
visant à protéger et à garantir le droit fondamental à l’interruption volontaire de grossesse, n° 815 , 
déposé(e) le jeudi 2 février 2023 et renvoyé(e) à la Commission des lois constitutionnelles, de la législation 
et de l'administration générale de la République), https://www.assemblee-
nationale.fr/dyn/16/dossiers/proteger_ivg_contraception. 

102  Most recent prohibited grounds added: holding a local elected office, Act No. 2019-1461 of 

27 December 2019 on commitment at the local level and proximity of public action (L. No. 2019-1461, 27 
déc. 2019, relative à l’engagement dans la vie locale et à la proximité de l’action publique). 

103  Act on the modernisation of justice in the 21st century (LOI n° 2016-1547 de modernisation de la justice 

du XXIe siècle), Article 86, 18 November 2016, available at: 
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000033418805&categorieLien=id. 
104  Labour Code, Article L. 1132-1 amended by Act No. 2022-401 of 21 March 2022 to improve the protection 

of whistle-blowers (LOI n° 2022-401 du 21 mars 2022 visant à améliorer la protection des lanceurs 
d’alerte), https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000045388745. 

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Country report - gender equality – France - 2023 

The Court of Cassation confirmed that Article L. 2263-13 of the Labour Code, introduced 
by the global labour law reform of 2017, which creates a presumption of justification of 
equal  treatment  related  to  collective  bargaining  agreements,  must  conform  to  the 
evidentiary standard in cases of prohibited differences of treatment, including sex, covered 
by EU law.105 The High Court also considered that a company policy to compensate wage 
disparities  in  employment  does  not  violate  the  principle  of  equal  pay  for  work  of  equal 
value.106 

Considering  the  rather  bold  reform  on  wage  transparency  in  France  in  the  public  and 
private  sector,  the  Council  of  State  recently  handed  down  an  excessively  cautious 
decision107 in terms of ‘name and shame’. It ruled that giving information from the public 
administration on the list of companies that had previously violated the rules on equal pay 
and had been sanctioned by public authorities to NGOs would entail too much harm for 
those companies and therefore  constitutes an exception to the  right  to the provision of 
administrative documents.108 

Conversely,  the  Court  of  Cassation  has  been  reinforcing  the  right  to  evidence  in 
discrimination cases. A first case recognised the possible use of statistics in a recruitment 
case based on names as proof of ethnic and cultural origin in 2022, potentially useful for 
intersectional cases and discrimination in hiring.109 More recently, the Court of Cassation 
decided that the right to request to the judge elements of proof before any trial (Article 145 
Civil  Procedure  Code),  is  not  a  disproportionate  infringement  on  the  right  to  privacy  of 
employees which is not absolute, based on the GDPR in order to prove pay discrimination 
in employment between women and men through pay slips of employees in a comparable 
situation as long as their first names and surnames are not mentioned.110  

105  Court of Cassation (Cour de cassation), No. 17-11.970 3 April 2019. See also Court of Cassation (Cour de 

cassation), No. 17-16.642 9 October 2019. 

106  Court of Cassation (Cour de cassation), 6 November 2019 No. 18-13.235: a male claimant contested that a 
female colleague who had started at the same time as him at the same pay grade should benefit from an 
increase in pay. The Court of Cassation confirmed the court of appeal’s analysis, which justified the pay rise 
as compensation for the extra diplomas and additional experience the female colleague had acquired before 
being hired for the job and had in fact not been taken into account. In other words, for the Court of 
Cassation, the corrective (preferential) measure to compensate the wage disparity was justified and in 
conformity with the principle of equal pay for work of equal value. 

107  Council of State 3 June 2020, No. 421615. 
108  Based on an exception of Article L. 311-6(3) of the Code on relations between the state administration and 
the public which ‘excludes communication of administrative documents that can reveal the conduct of a 
person, if this information on the conduct can be harmful to that person.’, Council of State, 3 June 2020, 
No. 421615. 

109  Court of Cassation, 14 December 2022, No. 21-19628, 

https://www.courdecassation.fr/decision/63997d50b7ec7f05d42d8201. 

110  Court of Cassation, 8 March 2023, No. 2112.492, 

https://www.courdecassation.fr/en/decision/64085bce66b1bafb02f11fb0. 

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Country report - gender equality – France - 2023 

3 

Implementation of central concepts111 

3.1  Sex/gender/transgender 

3.1.1  Definition of ‘gender’ and ‘sex’ 

Sex is the ground of classification between men and women which is typically distinguished 
by the presence of the y chromosome in male cells and its absence in female cells. This is 
considered  a  ‘biological’  definition  of  sex  which  is  put  into  question  by  the  issue  of 
intersexuality. 

Gender  is  the  socially  constructed  difference  between  men  and  women  who  conform  to 
specific social roles depending on their sex.  

The  relationship  between  gender  and  sex  is  defined  only  indirectly  in  a  law  of  2016 
introducing  the  three  requirements  for  a  sex  change  in  the  civil  register:112  1)  The 
individual presents themselves publicly as being of the invoked sex; 2) the individual is 
known  by  their  circle  (family,  friends  and  colleagues)  as  a  member  of  the  sex;  3)  The 
individual has changed their first name (to one which corresponds to the preferred sex). 

However,  in  November  2022  a  case  was  heard  by  the  Court  of  Cassation  concerning  a 
male flight attendant who was sanctioned because he wore African braids in a bun, while 
the  airline’s  dress  code  only  permitted  women  to  wear  African  braids.  The  Court  of 
Cassation  recognised  gender  discrimination  implicitly  by  considering  this  was  direct 
‘discrimination based on physical appearance linked to sex’, since female flight attendants 
could wear braids.113 

3.1.2  Protection of transgender, intersex and non-binary persons  

Discrimination  based  on  gender  identity  is  protected  by  Act  No. 2016-1547  of 
18 November 2016, on modernisation of justice in the 21st century114 in the Labour and 
Criminal Codes; it replaces the term ‘sexual identity’ introduced in the legislation on sexual 
harassment in 2012. Act No. 2017-86 of 27 January 2017 on equality and citizenship115 
reinforces the sanctions in the case of discrimination and insults against persons based on 
gender identity. This Act does not specify whether the term ‘gender identity’ covers the 
full  spectrum  (transgender,  intersex  and  non-binary).  However,  the  decision  of  the 
Constitutional Council defines gender identity relatively broadly as any disparity between 
self-identification  as  belonging  to  ‘a  gender  which  is  or  is  not  the  registered  sex  or 
corresponds  or  does  not  correspond  to  the  different  expressions  of  membership  of  the 
male sex or female sex’.116 A decision of the Court of Cassation denied the existence of a 
gender-neutral identity on appeal from a district civil court that had authorised the neutral 
sex  as  a  civil  registration  in  the  case  of  an  intersex  person.  The  Court  considered  that 
‘French law does not allow the introduction of another sex outside of male and female in 

111  See Burri, S. (2018), EU gender equality law – update 2018, European network of legal experts in gender 
equality and non-discrimination, available at https://www.equalitylaw.eu/downloads/4767-eu-gender-
equality-law-update-2018-pdf-444-kb. 

112  Act No. 2016-1547 of 18 November 2016 on the modernisation of justice in the 21st century, Article 61-5. 
113  Court of Cassation, 23 November 2022 No. 21-14060, 

https://www.courdecassation.fr/decision/637dcb6914982305d4c204e0. 

114  Act No. 2016-1547 on the modernisation of justice in the 21st century of 18 November 2016 (Loi de 

modernisation de la justice du XXIe siècle), available at: 
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000033418805&categorieLien=id. 

115  Act No. 2017-86 of 27 January 2017 on equality and citizenship (LOI n° 2017-86 du 27 janvier 

2017 relative à l'égalité et à la citoyenneté), available at: 
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000033934948&categorieLien=id. 

116  Constitutional Council (Conseil Constitutionnel) Decision No. 2016-745 DC of 26 January 2017, available at: 

https://www.conseil-constitutionnel.fr/decision/2017/2016745DC.htm. 

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Country report - gender equality – France - 2023 

the  civil  register’.117  This  case  implicitly  signifies  that  non-binary  people  are  not  yet 
recognised  as  a  category  in  law.  In  a  recent  case  by  the  Court  of  Cassation,  it  was 
confirmed  that  a  court  of  appeal  cannot  create  a  gender-neutral  category  of  ‘biological 
parent’  (not  mother  or  father)  to  cater  to  the  request  of  a  transgender  person  whose 
reproductive male organ had made him the father of an expected  child but who, in the 
meantime, had changed sex and wanted to be recognised as a mother after the birth of 
the child.118 The case was sent back to the Court of Appeal of Toulouse for reconsideration. 
The Court of Appeal of Toulouse on 9 February 2022 still did not follow the position of the 
Supreme Court, which in 2020 had denied letting the father be recognised as a gender-
neutral  parent.  The  Toulouse  judges  preferred  considering  the  trans  person,  if  not  as  a 
gender-neutral  parent  like  the  first  Court  of  Appeal  had  decided,  at  least  as  a  second 
mother.119 

Before discrimination based on gender identity or sexual identity was banned by law, in a 
decision  concerning  gender  reassignment  discrimination  (a  worker  was  dismissed 
immediately  after  he  informed  his  employer  of  his  intention  to  undergo  gender 
reassignment  surgery),  the  Equal  Opportunities  and  Anti-Discrimination  Commission 
(Haute  autorité  de  lutte  contre  les  discriminations  et  pour  l'égalité  –  HALDE)  (now  the 
Defender  of  Rights),  referring  to  Directive  2006/54/EC  and  to  its  Recital  3,  stated  that 
discrimination based on gender reassignment is discrimination on the grounds of sex and 
should be prohibited (Deliberation No. 2008-29 of 18 February 2008).120 The Defender of 
Rights also issued a recommendation, taking into account discrimination based on gender 
reassignment, to influence the adoption of the law of 2016 amending and simplifying the 
procedure for individuals to change their name in cases of gender reassignment.121 

The Court of Cassation, for the first time, approved the application of criminal sanctions in 
a  case  of  ‘gender  identity  discrimination’,  following  the  introduction  of  a  law  enacted  in 
2017  that  reinforced  the  sanctions  for  transgender  discrimination.  A  public  official  was 
convicted for writing on his Twitter account that he pitied ‘these poor trans-people wanting 
to  change  sexes  who  are  perverted,  mentally  sick  and  need  to  see  a  psychiatrist’.  The 
Court confirmed that the reference to ‘perversion’ is, in itself, an ‘insult’ to a group based 
on their gender identity.122  

The  reform  on  bioethics  of  2021  recognised  the  right  to  parenting  through  in  vitro 
fertilisation of lesbian couples, but does not apply to female to male transgender persons 
who  have  changed  sexes  but  still  have  a  female  reproductive  system123  and  the 
Constitutional Council has said in 2022 this exclusion does not violate the Constitution.124 

117  Court of Cassation (First Chamber), (Cour de Cassation) No. 16-17189, 4 May 2017 : 

https://www.legifrance.gouv.fr/juri/id/JURITEXT000034653561/. 

118  Court of Cassation, No. 18-50.080, 16 September 2020. 
119  Court of Appeal Toulouse, No. 18-50080, 9 February 2022. 
120  Haute Autorité de lutte contre les discriminations et pour l’égalité (HALDE) (Equal Opportunities and Anti-

Discrimination Commission), decision of 18 February 2008, available at: 
https://juridique.defenseurdesdroits.fr/index.php?lvl=notice_display&id=890. 

121  Defender of Rights, Decisions of 24 June 2016, available at: 

https://www.defenseurdesdroits.fr/sites/default/files/atoms/files/decision_cadre_mld-msp-2016-164.pdf. 

122  Court of Cassation (Cour de Cassation) No. 19-80.796, 7 January 2020. 
123  Act No. 2021-1017 of 2 August 2021 on bioethics (Loi du 2 août 2021 relative à la bioéthique), Art.1 The 
amendment was rejected by the National Assembly, see: https://www.francetvinfo.fr/societe/loi-de-
bioethique/bioethique-l-assemblee-rejette-la-pma-pour-les-hommes-transgenres_3633415.html. 

124  Constitutional Council (Conseil Constitutionnel, QPC Decision No. 2022-1003 of 8 July 2022, judicial review 
of the article L. 2141-2 of the public health code resulting from Act No. 2021-1017 of 2 August 2021 on 
bioethics, https://www.conseil-constitutionnel.fr/decision/2022/20221003QPC.htm. 

21 

 
 
 
 
 
 
 
 
Country report - gender equality – France - 2023 

Table 1: Protection of transgender, intersex and non-binary persons 

Are gender identity/transgender 
status/intersex status/sex 
characteristic etc. specific grounds of 
prohibited discrimination? If yes, 
specify which grounds are 
recognised in legislation and/or case 
law. 
Gender identity is a prohibited ground of 
discrimination since 2017.125 

Is discrimination against transgender, 
intersex and non-binary persons 
forbidden on the basis of the existing 
prohibition on sex discrimination? If 
yes, if possible specify which groups 
are protected 
(transgender/intersex/non-binary). 
The prohibition of sexual identity dates 
back to a law of 2012 but today gender 
identity is the new term126 and a new law 
of 2022 has prohibited practices that 
require changes in sexual orientation and 
identity conversion and any harassment in 
this respect.127 

3.1.3  Specific requirements 

Since discrimination based on gender identity is considered as a difference in treatment 
based  on  the  disparity  between  ‘the  gender  which  is  or  is  not  the  registered  sex  or 
corresponds  or  does  not  correspond  to  the  different  expressions  of  membership  of  the 
male sex or female sex’, this protects all individuals regardless of their particular stage in 
transitioning, according to the above-mentioned Decision of the Constitutional Council on 
gender  identity.128  The  Act  of  2016  also  confirms  this  interpretation,  disregarding 
sterilisation surgery since it is not a condition for changing sex in the civil register.129 

The  new  law  of  31  January  2022  banning  practices  modifying  sexual  orientation  or  the 
gender  identity  of  a  person  is  interesting  because  it  particularly  focuses  on  forms  of 
transphobic harassment and forced conversion therapies.130  

3.2  Direct sex discrimination 

3.2.1  Explicit prohibition  

Article 1 of Act No. 2008-496 of 27 May 2008131 defines direct discrimination in accordance 
with the European definition. The Act applies to public and private relationships. According 
to this Act, there is direct discrimination where one person is, has been or will be treated 
less  favourably  than  another  on  the  grounds  of  sex.  The  only  difference  between  the 
French and the European definition is the use of ‘will be’ and not ‘would be.’ There is no 

125  Article L. 1132-1 Labour Code amended by Art. 171 of Law No. 2017-86 of 27 Jan 2017 on equality and 

citizenship (LOI n° 2017-86 du 27 janvier 2017 relative à l'égalité et à la citoyenneté). 

126  Article L. 1132-1 Labour Code and Article L 225-1 Criminal Code. 
127  Act No. 2022-92 of 31 January 2022 banning practices modifying sexual orientation or the gender identity 
of a person (Loi du 31 janvier 2022 interdisant les pratiques visant à modifier l’orientation sexuelle ou 
l’identité de genre d’une personne), https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000045097703. 

128  Constitutional Council (Conseil Constitutionnel) Decision No. 2016-745 DC of 26 January 2017, available at: 

https://www.conseil-constitutionnel.fr/decision/2017/2016745DC.htm. 

129  Act No. 2016-1547 on modernisation of justice in the 21st century of 18 November 2016 (Loi de 

modernisation de la justice du XXIe siècle) Article 61-5: To change sex in the civil register, the individual 
must prove by any means that: 1) The individual presents themselves publicly as being of the invoked sex; 
2) the individual is known by their circle (family, friends and colleagues) as a member of that sex; 3) the 
individual has changed their first name (to one which corresponds to the sex they identify with). 

130  See: https://www.vie-publique.fr/loi/281790-loi-interdisant-les-therapies-de-conversion-lgbt. 
131  Act No. 2008-496 of 27 May 2008 implementing the various directives on discrimination (LOI n° 2008-496 

du 27 mai 2008 portant diverses dispositions d'adaptation au droit communautaire dans le domaine de la 
lutte contre les discriminations): 
https://www.legifrance.gouv.fr/affichTexteArticle.do?cidTexte=JORFTEXT000018877783&idArticle=LEGIART
I000034110511&dateTexte=&categorieLien=id. 

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Country report - gender equality – France - 2023 

hypothetical  comparator.  However,  this  difference  does  not  seem  to  be  significant:  the 
courts  interpret  the  French  definition  in  compliance  with  its  European  counterpart  and 
French judges find the existence of discrimination even with no comparator. For example, 
if the judge finds that a decision has been taken for discriminatory reasons – such as an 
advantage like a bonus or leave not granted to a woman on grounds of her sex – and there 
are no men in the company who can be used as comparators, this does not represent an 
obstacle to a finding of discrimination. 

Unfortunately,  the  definition  itself  has  not  been  integrated  into  the  Labour  Code,  which 
refers to the law of 2008 in Article L. 1132-1, and this could damage its visibility.132 

3.2.2  General discrimination 

General discrimination without a specific victim is not specifically prohibited in the law but 
legislation seems to allude to it. For example, Article L. 1132-1 of the Labour Code focuses 
on  ‘employees  or  “persons”  who  are  excluded  as  candidates,  interns  in  employment  or 
refused for a promotion etc.’, without specifying whether those  ‘persons’ are directly  or 
indirectly  discouraged  from  applying  for  a  job,  for  example,  and  affected  by  the 
discriminatory behaviour. 

3.2.3  Prohibition of pregnancy and maternity discrimination 

Article L. 1132-1 of the Labour Code explicitly prohibits discrimination on the grounds of 
pregnancy. Specific provisions of the Labour Code also prohibit this type of discrimination 
in  Articles  L. 1225-1  and  L. 1225-2.133  These  provisions  comply  with  Article  2(2)(c)  of 
Directive 2006/54/EC. 

Article 81 of the new Act No. 2019-828 on the transformation of public service amended 
Article 6 of the Act of 13 July 1983 on civil service134 to include pregnancy as a prohibited 
ground of discrimination in the public employment sector. 

3.2.4  Specific difficulties 

The definition of direct discrimination itself has not been integrated into the Labour Code 
which only refers, in Article L. 1132-1, to the Act of 2008 which defines it135 and this could 
limit  its  visibility  for  citizens  in  terms  of  access  to  justice  and  in  this  way  limit  the 
effectiveness of conformity with EU law. 

There have been additional cases on maternity discrimination linked to economic lay-offs. 
One,  after  an  investigation  and  an  amicus  curiae  of  the  Defender  of  Rights,  a  court  of 
appeal  recognised  a  case  of  maternity  discrimination  concealed  after  a  pretextual 
unwanted job transfer to another company within a corporation for supposedly economic 
reasons:  so  the  issue  in  question  was  the  unjustified  economic  lay-off  of  an  employee, 
following her maternity leave and the period of time which bans firing after her return to 

132  Article last amended in Law No. 2017-256 of 28 February 2017 on real equality in overseas territories in 
social and economic matters (Loi de programmation relative à l'égalité réelle outre-mer et portant autres 
dispositions en matière sociale et économique). 

133  Executive Order (Ordonnance) No. 2007-329 of 12 March 2007, available at: 

https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000465978&dateTexte=20080122. 
134  Law No. 83-634 of 13 July 1983 on rights and obligations of civil servants (Loi n° 83-634 du 13 juillet 1983 

portant droits et obligations des fonctionnaires. Loi dite loi Le Pors). 

135  Article 1 of Act No. 2008-496 of 27 May 2008 implementing the various directives on discrimination, (LOI 
n° 2008-496 du 27 mai 2008 portant diverses dispositions d'adaptation au droit communautaire dans le 
domaine de la lutte contre les discriminations), available at: 
https://www.legifrance.gouv.fr/affichTexteArticle.do?cidTexte=JORFTEXT000018877783&idArticle=LEGIART
I000034110511&dateTexte=&categorieLien=id. 

23 

 
 
 
 
 
 
 
 
 
 
 
 
Country report - gender equality – France - 2023 

work.136 In another similar case, the Court of Cassation case137 denounced a new way to 
hide pregnancy discrimination when a pregnant woman was laid off after she refused to 
change job following the conclusion of a collective bargaining agreement that imposed job 
transfers  on  workers  from  one  branch  of  the  company  with  lower  levels  of  activity  to 
another more flourishing branch. There is an exception to the protection against dismissal 
of pregnant workers if the worker has committed a ‘serious faulty act or if it is impossible 
for the employer to maintain the contract’.138 The Court of Cassation considered that the 
refusal of the pregnant employee to change jobs did not constitute a situation in which it 
was impossible to preserve the contract.139  

This case law development might highlight new ways employers use collective bargaining 
agreements on worker mobility to circumvent protection against pregnancy discrimination 
and  how  the  French  courts  are  resisting  these  prohibited,  but  more  subtle,  collective 
practices.140 

In 2021, the Court of Appeal of Paris followed the decision of the Defender of Rights that 
stated that the demotion of an internal auditor to a position of financial controller following 
her maternity and parental leave, on the pretext of the burden of numerous business trips, 
constitutes discrimination based on family situation (grounds in French law) and pregnancy 
when the new position explicitly requires many business trips.141 The novelty in this case 
is  the  indication  of  multiple  discrimination  explicitly  in  a  pregnancy  and  parental  leave 
case.  

In  2022  the  Court  of  Cassation  has  been  regularly  confirming  decisions  of  the  Court  of 
Appeal qualifying as discrimination negotiated dismissals of employees following disclosure 
of their pregnancy and  extending  remedies based  on the loss of  employment,  following 
the dismissal of a pregnant architect.142 The Court of Cassation is particularly attentive to 
the correct evaluation of remedies since the termination of employment is null and void 
and requires payment of backpay but also, if necessary, unpaid overtime and penalties for 
violation of maximum working time regulation.143 

The Government would like to put into place specific sick leave for miscarriages including 
when they are linked to endometriosis.144 

136  Court of Appeal of Paris 19 June 2019 No. 17/08690, 

https://juridique.defenseurdesdroits.fr/doc_num.php?explnum_id=18999. 

137  Court of Cassation No. 18-19.189 4 March 2020, 

https://www.courdecassation.fr/jurisprudence_2/arrets_publies_2986/chambre_sociale_3168/2020_9595/
mars_9683/265_04_44578.html. 

138  Labour Code Article L. 1225-4: economic reasons are not necessarily a justification for the impossibility to 
maintain the contract (Court of Cassation 31 October 1996 Revue Jurisprudence Sociale 1996, p. 55.  

139  Court of Cassation No. 18-19.189 4 March 2020.  
140  See Mouly, R. (2020), ‘Protection de la femme enceinte versus accord de mobilité interne’, Droit social 

2020, p. 565. 

141  Paris Court of Appeal, No. 18/13267, 29 September 2021.  
142  Court of Cassation, 28 September 2022 No. 21-16400, 

https://www.courdecassation.fr/decision/6333eaf5e5004d05dab7c168. 

143  Court of Cassation 4 December 2022 No. 19-26.137, 

file:///C:/Users/MERCAT.M/Dropbox/PC%20(2)/Downloads/pourvoi_n%C2%B019-
26.137_14_12_2022.pdf. 

144  New agenda of the Prime Minister to reinforce equality, 2 March 2023, 

https://www.gouvernement.fr/actualite/renforcer-legalite-femmes-hommes-les-premieres-annonces-du-
gouvernement. 

24 

 
 
 
 
 
 
 
 
 
Country report - gender equality – France - 2023 

3.3  Indirect sex discrimination145 

3.3.1  Explicit prohibition 

Article 1 of the Act adopted on 27 May 2008146 defines indirect discrimination in accordance 
with the European definition and the Labour Code refers back to the 2008 law.147 Under 
this Act, the following constitutes indirect discrimination:  

‘a  provision,  a  criterion  or  a  practice  which  is  apparently  neutral,  but  which  could 
disadvantage  a  person  on  the  grounds  of  sex  (and  other  prohibited  criteria) 
compared  with  other  persons,  unless  that  provision,  criterion  or  practice  is 
objectively  justified  by  a  legitimate  aim  and  the  means  of  achieving  that  aim  are 
appropriate and necessary’.  

The French definition is similar to the European one. 

3.3.2  Statistical evidence 

Until  2012,  there  had  been  very  few  cases  on  indirect  sex  discrimination.  Statistical 
evidence can be used and is sometimes used in order to establish a presumption of indirect 
sex discrimination. This was done, for example, in a case decided by the Court of Cassation 
on  3  July  2012,148  where  the  French  Supreme  Court  noted  that,  in  the  company  in 
question,  the  percentage  of  women  working  part-time  was  about  81.45 %,  while  only 
40 % of men were working part-time. Of course, in this case, statistical evidence on part-
time  work  was  not  difficult  to  establish.  In  2019,  the  Court  of  Cassation  mentioned 
numbers in a case on indirect sex discrimination. The Court of Cassation struck down a 
decision  of  the  Court  of  Appeal  of  Lyon  that  should  have  considered  whether,  since  a 
considerably  higher  number  of  women  than  men  take  parental  leave,  the  employer’s 
decision  in  violation  of  the  Labour  Code  to  refuse  to  re-employ  a  female  worker  in  her 
initial position after her parental leave, giving her administrative tasks, constituted indirect 
discrimination  based  on  sex  and  if  so,  if  it  could  be  objectively  justified.  The  Court’s 
decision  enhances  the  role  of  prosecuting  indirect  discrimination  to  smoke  out 
discriminatory practices embedded in recurring practices that violate Labour Code rules to 
protect workers – mostly women who choose to go on parental leave – without requiring 
specific statistics on the number of women affected.149 

145  See for more information Mulder, J. (2021) Indirect sex discrimination in employment, European network of 

legal experts in gender equality and non-discrimination, available at: 
https://www.equalitylaw.eu/downloads/5362-indirect-discrimination-in-employment-pdf-1-434-kb. 

146  Act No. 2008-496 of 27 May 2008 implementing the various directives on discrimination (LOI n° 2008-496 

du 27 mai 2008 portant diverses dispositions d'adaptation au droit communautaire dans le domaine de la 
lutte contre les discriminations): 
https://www.legifrance.gouv.fr/affichTexteArticle.do?cidTexte=JORFTEXT000018877783&idArticle=LEGIART
I000034110511&dateTexte=&categorieLien=id. 

147  Article 1132-1 refers to Article 1 of Act No. 2008-496 of 27 May 2008 implementing the various directives 

on discrimination: 
https://www.legifrance.gouv.fr/affichTexteArticle.do?cidTexte=JORFTEXT000018877783&idArticle=LEGIART
I000034110511&dateTexte=&categorieLien=id. 

148  Court of Cassation, 3 July 2012, available at: 

https://www.legifrance.gouv.fr/affichJuriJudi.do?oldAction=rechJuriJudi&idTexte=JURITEXT000026157202&
fastReqId=1001547528&fastPos=1. 

149  Court of Cassation, Social chamber, 14 November 2019 No. 18-15682, 

https://www.courdecassation.fr/jurisprudence_2/arrets_publies_2986/chambre_sociale_3168/2019_9139/n
ovembre_9548/1567_14_43913.html. 

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Country report - gender equality – France - 2023 

In light of the Praxair C-486/18 case of 8 May 2019 (a preliminary ruling requested by the 
Court of Cassation 11 July 2018), the Court of Cassation has decided150 that Article 157 
TFEU must be interpreted as precluding Articles L.3123-13 and R.1233-32 of the French 
Labour Code. According to the CJEU ruling, Article 157 TFEU precludes legislation: 

‘which  provides  that,  where  a  worker  employed  full-time  and  for  an  indefinite 
duration  is  dismissed  at  the  time  he  is  on  part-time  parental  leave,  that  worker 
receives a compensation payment for dismissal and a redeployment leave allowance 
determined at least in part on the basis of the reduced salary being received when 
the  dismissal  takes  place,  in  circumstances  when  a  far  greater  number  of  women 
than  men  choose  to  take  part-time  parental  leave  and  when  that  difference  in 
treatment which results therefrom cannot be explained by objective factors unrelated 
to any sex discrimination.’151 

The Court of Cassation recently acknowledged the importance of the use of statistics on 
non-European  names  drawn  from  the  personnel  files  to  prove  discrimination  based  on 
origin in hiring which could be useful by analogy for  discrimination based on sex in job 
recruitment. Although the case is on direct discrimination, it compares disparities in hiring 
in  short-term  and  long-term  contracts  which  could  also  be  considered  indirect 
discrimination.152 

3.3.3  Application of the objective justification test 

There is little case law relating to indirect discrimination, therefore it is difficult to analyse 
how judges apply the objective justification test. Only one recent case in 2022 concerned 
a neutrality ban for legal practitioners forbidding any ostentatious religious or political sign 
linked to apparel or uniform, affecting women trainees in bar schools. The Court avoided 
answering the question as to whether discrimination had occurred, saying the rule applied 
to the legal profession and could not be contested by a woman trainee wearing a headscarf 
(not  a  lawyer  yet)  and  that  the  bar  of  Lille  had  the  power  to  adopt  an  internal  rule  for 
lawyers.153  

Outside  of  this  particular  issue,  judges  have  applied  the  objective  justification  and 
proportionality  test  quite  consistently  since  2012.  For  example,  the  Court  of  Cassation 
considered there was indirect discrimination based on sex for the refusal to affiliate social 
workers (mostly women) to a pension fund for managers in rural areas considering they 
were  not  at  that  level,  while  accepting  the  affiliation  of  technicians  (mostly  men)  as 
managers with comparable qualifications. The justification for this disadvantage was based 
on  the  past  coherence  and  survival  of  the  pension  fund  and  was  considered  legitimate. 
However the Court of Cassation, drawing from the proportionality standard decided that, 
despite this legitimate justification, it was not coherent to presume social workers were 
not  managers  as  compared  to  technicians  when  social  workers  had  leadership  skills 
(domestic violence, child abuse) unlike technicians. Moreover the pension fund’s second 
argument that social workers in urban areas had never been considered managers showed 
a circular reasoning (justifying one discrimination through another past discrimination).154 

150  Court of Cassation No. 16-27825, 18 March 2020. 
151  Judgment of 8 May 2019, Praxair C-486/18, ECLI:EU:C:2019:379, 88.2. 
152  Court of Cassation of 14 December 2022, No. 21-19628, available at: 

https://www.courdecassation.fr/decision/63997d50b7ec7f05d42d8201. 

153  Court of Cassation, 2 March 2022, No. 20-20185, 

https://www.courdecassation.fr/decision/621f1707459bcb7900c39e7d. 

154  See, for example, Court of Cassation, Social chamber, 3 July 2012, No. 10-23013 and Court of Cassation, 

Social chamber, 6 June 2012, No. 10-21489. 

26 

 
 
 
 
 
 
 
 
 
 
Country report - gender equality – France - 2023 

After taking into account observations of the Defender of Rights,155 the Court of Appeal of 
Paris did reject a justification of indirect discrimination based on a right to a service credit 
for  a  pension  based  on  child-rearing.156  The  Court  decided  that  there  was  indirect  sex 
discrimination  in  a  case  where  a  company  did  not  justify  objectively  why  it  limited  the 
duration  of  an  early  retirement  scheme  with  subsequent  limitation  of  contribution  to 
pension benefits for a female employee who could be entitled to a service credit to benefit 
from an earlier pension for child-rearing, still applicable only to women at the time.157 The 
Court recognised that, without an objective justification to impose the application of the 
service credit, the company’s practice disproportionately disadvantaged women, limiting 
their  access  to  the  early  retirement  plan  and  amount  of  related  subsequent  pension 
benefit. The company’s justification was based essentially on an erroneous perception that 
it was required to apply the service credit under the law when this was not a condition to 
benefit  from  the  early  retirement  scheme.  In  the  2019  case  concerning  indirect  sex 
discrimination based on parental leave, the Court of Cassation inquired whether the Court 
of Appeal had applied the objective justification test.158 

However, the interpretation by the Council of State may be questioned when dealing with 
pension  rights.  Following  the  CJEU  decision  in  July  2014  (Case  C-173/13  Leone  and 
Leone), the Council of State reached an unexpected decision (27 March 2015, Quintanel, 
No. 372426).  As  in  the  Leone  case,  the  decision  concerned  a  service  credit,  which  is 
determined over four quarters and awarded for the calculation of the pension of any civil 
servant, for each child born or adopted prior to 1 January 2004, or fostered before that 
date and nurtured for at least nine years, provided that the civil servant can demonstrate 
that he or she has taken a career break for a continuous period of at least two months, in 
the form of maternity leave, adoption leave, parental leave, parental care leave or leave 
in order to be available to bring up a child of less than eight years of age.159  

In  the  public  sector,  the  Council  of  State  used  the  same  terms  as  the  CJEU  and  stated 
that, if the CJEU could provide guidance to enable the national court to give a judgment, 
it is exclusively for the national judge to determine whether and to what extent the national 
provisions  could  be  justified  by  a  legitimate  social  policy.  The  Council  of  State  then 
proceeded to analyse the justification for and the proportionality of the measure at stake. 
The  French  Government  considered  that  the  scheme  reflected  a  legitimate  aim,  as  the 
purpose  of  the  service  credit  in  question  was  to  compensate  for  the  career-related 
disadvantages resulting from career breaks for reasons of birth, the arrival of an adoptive 
child  in  the  home,  or  the  raising  of  children.  The  CJEU  rejected  this  argument,  notably 
because maternity and adoption leave are accompanied by the maintenance of acquired 
pension and promotion rights. However, according to the Council of State, even if women 
maintained their pension and promotion rights during maternity leave, the fact remains 
that women with one or more children progress more slowly in  their careers than men, 
and their pensions are lower.  

Statistics were used in the decision to support this argument: without the service credit 
for  a  pension  the  difference  in  the  level  of  pensions  between  men  and  women  would 
increase  from  9.8 %  to  12.7 %  for  one  child;  from  11.5 %  to  17.3 %  for  two  children; 
from 13.3 % to 19.3 % for three children; and from 23 % to 30 % for four children. The 
measure  does  not  aim  to  prevent  unequal  treatment  but  to  partially  compensate  the 
damage and harm to the careers of women.  

155  Defender of Rights, Decision No. 2018-030, 5 February 2018, available at: 
https://juridique.defenseurdesdroits.fr/doc_num.php?explnum_id=17242. 

156  Court of Appeal of Paris, No. 17/02708, Cour d’appel de Paris, 12 February 2019. 
157  Article L.351-4 of the Social Security Code. 
158  Court of Cassation, Social chamber 14 November 2019 No. 18-15682, 

https://www.courdecassation.fr/jurisprudence_2/arrets_publies_2986/chambre_sociale_3168/2019_9139/n
ovembre_9548/1567_14_43913.html. 

159  See generally Hennette-Vauchez, S., Fondimare E. (2019), ‘The “French Republican Model” and anti-

discrimination laws’, in Havelkova, B., Möschel, M., Anti-discrimination law in civil jurisdictions, OUP p. 66. 

27 

 
 
 
 
 
 
 
Country report - gender equality – France - 2023 

Another  important  element  in  the  decision  is  the  fact  that  the  measure  at  stake  is 
temporary as it is applied concerning children born, adopted, or taken into the home before 
1 January 2004. Thus the service credit scheme for pensions can be objectively justified 
by a legitimate social policy aim, and it is both appropriate and necessary to achieve that 
aim.  The  Council  of  State  then  analysed  the  scheme  for  early  retirement  with  the 
immediate  payment  of  a  pension.  Following  exactly  the  same  reasoning,  the  Council  of 
State came to the same conclusions on the early retirement scheme.  

Up until now, the Council of State has generally avoided considering or referring to the 
applicability  of  indirect  discrimination.  In  this  regard,  this  decision  is  important  as  the 
Council of State directly refers to this concept, and analyses it using the same terms as 
the CJEU. If the decision does not formally contradict the decision of the CJEU and remains 
within  the  limits  that  the  CJEU  defined,  the  question  is  still  open  as  to  whether  it  is  a 
correct application of the objective justification test. The Council of State is very careful 
when justifying unequal treatment between men and women. The use of statistics clearly 
shows  that  the  differences  in  pensions  between  men  and  women  are  still  very  high. 
Paradoxically, the consequence of the Leone decision was to call into question those few 
rights  that  could  improve  the  position  of  women.  This  is  why,  at  the  conclusion  of  the 
reasoning, it seems that the Council of State reached a balanced solution.  

An  important  change  was  brought  about  by  another  decision  (Conseil  d’Etat 
17 November 2017  No. 403 275),  which  offered  a  definition  of  the  concept  of  indirect 
discrimination, although no discrimination (against Roma) was recognised. In that case, 
the League for Human Rights challenged a decision of a city that banned scavenging in 
rubbish  bins,  thus  specifically  targeting  Roma  people  and  constituting  indirect 
discrimination against them. Although the appeal was rejected because the discrimination 
was not established, the Council of State admitted that it could have been. On this point, 
it should be noted that decisions of principle are often decisions of rejection: a principle – 
here  the  unlawfulness  of  indirect  discrimination  –  is  admitted  but  not  applicable  to  the 
case. The consequence is that the concept is now clearly accepted in French jurisprudence.  

3.3.4  Specific difficulties 

The main observation in indirect discrimination cases is that often the courts determine 
there might be a particular disadvantage for one protected group compared to another but 
do not necessarily formulate how the second prong of the concept, the justification and 
proportionality test, are carried out, except in cases of religious discrimination based on 
women wearing headscarves where there are explicit internal rules on neutrality.160  

Recently, the  Court even avoided the question  in a case where the bar refused  to let a 
lawyer trainee wear a headscarf in the legal training of the bar based on an internal bar 
rule after she successfully passed the bar, saying she had no legal standing since she was 
not  yet  a  lawyer.161  The  Court  of  Cassation  also  does  not  proceed  in  two  steps  like  the 
CJEU,  verifying  first  if  there  is  direct  discrimination  and  then  if  there  is  indirect 
discrimination by default.  

The Council of State has applied the concept of indirect sex discrimination in a way that 
may  seem  to  contradict  the  CJEU.162  The  Council  of  State  refused  to  find  that  equal 
treatment  of  men  and  women,  in  terms  of  the  calculation  for  rights  to  pension, 
disadvantaged women, despite the fact that they need to pay contributions over longer 
periods  if  they  are  to  benefit  from  full  pensions.  The  Council  of  State  discarded  the 
relevance of the inequality in factual determination arising from women’s more frequent 

160  Court of Cassation, 14 April 2021 No. 19-24079, 

https://www.courdecassation.fr/decision/607a4838118b6b21e2075203. 

161  Court of Cassation, 2 March 2022 No. 20-20185, 

https://www.courdecassation.fr/decision/621f1707459bcb7900c39e7d. 
162  Council of State (Conseil d’Etat), 27 March 2015, Quintanel, No. 372426. 

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interruptions  of  professional  activity  related  to  issues  of  care  resulting  in  an  increased 
number of years worked.163 

However, the frame of mind of the administrative courts’ reasoning is evolving concerning 
indirect discrimination based on other grounds.164 

It seems that, with increased reference to collective bargaining agreements as a source of 
labour law in France following the labour law reform of 2017, there is an increased risk of 
indirect  sex  discrimination,  since  collective  norms  rely  on  apparently  neutral  grading 
systems that value male-dominated jobs more highly compared to female-dominated jobs 
according to recent studies of the gendered effect of grading systems.165 The same could 
be  said  for  HR  processes  which  favour  promotion  in  certain  career  paths  linked  to  less 
administrative posts, held predominantly by men or for the use of algorithms that seem 
apparently neutral but could disproportionately affect women in their effects. 

3.4  Multiple discrimination and intersectional discrimination166 

3.4.1  Definition and explicit prohibition 

For  some  time,  legal  scholars,167  academic  case  commentaries168  and  the  Defender  of 
Rights have referred to multiple discrimination169 but there are no pending proposals which 
aim to incorporate the concept of multiple discrimination into law. It seemed for a while 
that ‘there was scarce research and no specific policy targeting women who face multiple 
discrimination  and  their  access  to  employment  and  economic  independence.  France 
seemed to be lagging behind with respect to the analysis of intersectional discrimination 
that  has  been  developed  at  the  European  level’170  and  intersectionality  ‘theories’  were 
attacked during the presidential campaign as a research trend171 towards the Balkanisation 
of society and promoting Islamic thinking, which the far right capitalised on.172  

163  Hennette-Vauchez, S., Fondimare, E. (2019) ‘The “French Republican model” and Anti-discrimination Law? 

Deconstructing a Familiar Trope of Narratives of French Law’, in Havelkova, B., Möschel, M., Anti-
discrimination law in civil law jurisdictions, Oxford University Press. 

164  Outside of the realm of sex discrimination, an important change of mindset was brought about by another 
decision (Council of State, 17 November 2017 No. 403275), which offered a definition of the concept of 
indirect discrimination, although no discrimination (against Roma) was recognised. 

165  Grésy, B., Becker, M. (2017), for High Council on Equality in Employment: Guide fondé sur la méthodologie 
issue des travaux du groupe paritaire sur les classifications (Guide based on the methodology derived from 
study groups on the promotion of equality in grading systems within collective bargaining), guide cited in a 
kit: https://www.haut-conseil-egalite.gouv.fr/IMG/pdf/kit_egalite_classification-vf.pdf. 

166  See for more information Fredman, S. (2016), Intersectional discrimination in EU gender equality and non-
discrimination law, European network of legal experts in gender equality and non-discrimination, available 
at: https://www.equalitylaw.eu/downloads/3850-intersectional-discrimination-in-eu-gender-equality-and-
non-discrimination-law-pdf-731-kb. 

167  Möschel, M. (2014), ‘L’intersectionnalité dans le contentieux de la non-discrimination relatif au domaine de 

l’emploi en France’ (‘Intersectionality in employment discrimination litigation in France’), in Hennette-
Vauchez, S., Pichard, M., Roman, D., La loi et le genre (Law and gender), pp. 697-714; Mercat-Bruns, M. 
(2015), ‘Les discriminations multiples et l’identité au travail au croisement des questions d’égalité et de 
libertés’ (‘Multiple discrimination and identity in the workplace at the intersection of equality and 
freedoms’), Revue de droit du travail (Employment law review), p. 28. Mercat-Bruns, M. (2021), ‘La 
discrimination intersectionnelle’, Bulletin Joly, p.1.  

168  For example, since 2014, for annual case commentaries on gender law with a section on intersectional and 
multiple discrimination see Chronique, Recueil Dalloz REGINE Droit et genre – D. 2014, p. 954; D. 2015, 
p. 1007; D. 2016, p. 915; D. 2017, p. 935; D. 2018, p. 919; D. 2019, p. 856. 

169  See the annual reports of the Defender of Rights. For example, Report 2016, p. 97, mentioning 

discrimination against women with disabilities, available at: 
https://juridique.defenseurdesdroits.fr/doc_num.php?explnum_id=17006. 

170  Lépinard, E., Lieber, E. (2015), The policy on gender equality in France, in depth analysis, European 

Parliament, Directorate General for Internal Policies department C PE 510.024. 

171  Mercat-Bruns, M., La discrimination intersectionnelle et sa critique: quel intérêt?, RDT 2022, p. 289; 
Mercat-Bruns, M., Travail domestique et discrimination intersectionnelle, Droit social 2022, p. 716. 

172  Comment Emmanuel Macron s’est aliéné le monde des sciences sociales (How Emmanuel Macron alienated 

the world of social science), Le Monde, 30 June 2020, 
https://www.lemonde.fr/societe/article/2020/06/30/comment-emmanuel-macron-s-est-aliene-le-monde-
des-sciences-sociales_6044632_3224.html; Les sciences sociales contre la Republique? (Social sciences 

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Country report - gender equality – France - 2023 

The  attachment  to  gender  equality  in  France  seemed  to  resist  the  identification  of 
intersectional groups including women. However, more and more studies and symposiums 
in 2022 pinpoint the cumulative disadvantages of migrant women in different job sectors 
and the studies consider that understanding this combination of disadvantages is in turn 
part  of  the  quest  for  substantive  equality.173  After  a  survey  on  employment  by  the 
Defender  of Rights  with the ILO,174 a  symposium and studies for the Ministry  of Justice 
focused on access to justice and effective enforcement of anti-discrimination law,175 and 
seemed  to  recognise  multiple  disadvantage  and  the  asymmetric  dimension  of  multiple 
discrimination  as  being  harder  to  prove  in  the  absence  of  the  right  comparator. 176  The 
Defender of Rights rendered several decisions on multiple discrimination with one explicitly 
referring  to  a  woman  discriminated  against  because  of  her  sex,  pregnancy  and  family 
situation.177  In  2019,  the  Defender  of  Rights  was  instrumental  in  presenting  a  case 
involving systemic discrimination against undocumented Malian construction workers (all 
male), in which the Labour Tribunal178 recognised the concept. The equality body showed 
how multiple discrimination is structural in nature: ‘the cumulative grounds of nationality 
and  origin  affect  the  stigmatised  group  –  male  undocumented  Malian  workers  –  by 
producing  a  recurring  disadvantage  proving,  beyond  multiple  discrimination,  systemic 
discrimination’.179 The most recent study of the Defender of Rights with the ILO shows the 
intersectional and systemic dimension of the care job sector which mostly involves foreign 
documented and undocumented poor women.180 

There has been a series of cases in which the Court of Cassation has discovered indirect 
age discrimination in amendments to collective bargaining agreements depriving workers 
with higher levels of seniority (36 to 40 years of seniority) from financial bonuses despite 
their length of service in the company (these agreements have an intersectional impact 
on older women).181  

against the Republic?), Le Monde, 2 November 2020, 
https://www.lemonde.fr/sciences/article/2020/11/02/les-sciences-sociales-contre-la-
republique_6058195_1650684.html. 

173  Mercat-Bruns, M., La discrimination intersectionnelle et sa critique: quel intérêt?, RDT 2022, p. 289.  
174  Defender of Rights and ILO (2017), 10e Baromètre de la perception des discriminations dans l’emploi (10th 

Barometer on the perception of discrimination in employment). This focuses particularly on the 
‘intersectional approach to discrimination in employment to see the heterogeneity’, p. 2. 

175  Report for the GIP Justice (Ministry of Justice) and the Defender of Rights, Mercat-Bruns, M., Perelman, J. 

(2016), Les juridictions et les instances publiques dans la mise en œuvre du principe de non-discrimination: 
perspectives pluridisciplinaires et comparées (Courts and public institutions and their enforcement of the 
principle of non-discrimination), p. 118, available at: http://www.gip-recherche-justice.fr/publication/les-
juridictions-et-les-instances-publiques-dans-la-mise-en-oeuvre-du-principe-de-non-discrimination-
perspectives-pluridisciplinaires-et-comparees/. 

176  See Defender of Rights Symposium (2018), Multiplication des critères de discriminations: enjeux, effets et 
perspectives (Multiplication of discriminatory grounds: issues, effects and perspectives), with a whole 
section focused on intersectional and multiple discrimination, pp. 146-197, available at: 
https://www.defenseurdesdroits.fr/sites/default/files/atoms/files/actescolloq-2018-num-07.01.19.pdf. 
177  One concerned discriminatory harassment after parental leave on the grounds of pregnancy, sex and family 
situation (elimination of the job and refusal by the employer to allow participation in a voluntary buy-out), 
Decision MLD 2017-188, 12 October 2017, available at: 
https://juridique.defenseurdesdroits.fr/index.php?lvl=notice_display&id=25060&opac_view=-1; others did 
not concern sex but other grounds (age, disability and trade union discrimination, Decision 2017-274, 
12 September 2017, available at: 
https://juridique.defenseurdesdroits.fr/index.php?lvl=notice_display&id=23101&opac_view=-1; or 
workplace bullying linked to origin and state of health, Decision MLD 2015-269 of 17 November 2017, 
available at: https://juridique.defenseurdesdroits.fr/index.php?lvl=notice_display&id=16519&opac_view=-
1. 

178  Labour Tribunal, No. 17/10051 (Cons. Prud’h. Paris, 17 déc. 2019, no 17/10051). 
179  Defender of Rights, Decision No. 2019-108, 19 April 2019 (Décision du Défenseur des droits n°2019-108), 

https://juridique.defenseurdesdroits.fr/doc_num.php?explnum_id=19433. 
180  15th Barometer on Discriminations of the Defender of Rights with the ILO, 

https://www.defenseurdesdroits.fr/fr/a-la-une/2022/12/services-a-la-personne-le-15e-barometre-sur-la-
perception-des-discriminations-dans. 

181  Court of Cassation (Cour de cassation), No. 17-16642, 09 October 2019. 

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3.4.2  Case law and judicial recognition  

As such, there is no case law referring explicitly to multiple discrimination or intersectional 
discrimination. However, French law prohibits many grounds of discrimination and cases 
that  combine  them  can  lead  to  the  recognition  of  discrimination:  the  Court  recognised 
‘discrimination  based  on  physical  appearance  related  to  sex’  when  a  waiter  was  fired 
because the employer explained in the letter of dismissal that, ‘customer preference does 
not tolerate a male waiter wearing two earrings’.182 The most recent case in 2022 which 
highlighted an intersectional prism of correlated grounds concerns a male flight attendant 
who was  sanctioned because he wore African  braids in violation of the Air France dress 
code which allowed women to wear these braids and the Court  of Cassation considered 
this  a  combination  of  discrimination:  physical  appearance  discrimination  linked  to  sex 
discrimination.183 Legal commentators note this was an ingenious way to circumvent the 
intersectional challenge linked to direct  discrimination based on origin in the absence of 
the  right  comparator,  since  women  could  wear  African  braids.184  Nonetheless  the 
apparently neutral dress code could also have  been contested as indirect discrimination 
based  on  origin  since  the  justifications  given  by  Air  France  for  the  neutral  ban  for  men 
were not justified or coherent: the airline considered that the dress code banning African 
braids was justified and necessary ‘to be able to identify staff and safeguard the image of 
the company’, when uniforms are sufficient to identify staff and diversity does not hinder 
the Air France image.185 

Formerly, the Court has also considered that there are several grounds of discrimination 
apart  from  sex,  e.g.  in  the  case  of  an  older  woman  dismissed  from  a  lingerie 
department.186 Other cases deal with women subject to trade union discrimination and the 
difficulty of proving combined discrimination in the absence of the right comparator.187 The 
Court of Cassation can opt to disregard the need for a comparison with others and opt for 
a comparison of the situation of the claimant, e.g. before and after a strike. 188 The Court 
sometimes just prefers to decide on harassment on multiple grounds, e.g. in the case of 
a  sick  female  employee189  or  a  North  African  employee  with  disabilities.190  The  issue  of 
French employees who wear headscarves and the adoption of internal neutrality rules in 
companies and NGOs has never been litigated as multiple discrimination,191 even though 
the  UN  monitoring  committee  on  human  rights  violations  recently  criticised  France  for 
discrimination,  particularly  affecting  Muslim  women,  in  the  famous  Babyloup  case 
concerning the dismissal of a childcare centre employee.192 However, recent case law has 

182  Court of Cassation, 11 January 2012, No. 10-28213: so sex and physical appearance combined indicate the 
Court implicitly recognises intersectional discrimination (gender bias arising because sex is associated with 
a specific social conduct: acting like a man with no earrings); another case recognised bias and mistrust in 
North African women as employees, Court of Cassation, No. 10-16.926, 18 January 2012. 

183  Court of Cassation (Cour de cassation) 23 November 2022, No. 21-14060.  
184  Mercat-Bruns, M., A la racine du mal: les tresses africaines, question de genre ou d’origine?, RDT April 

2023, p. (to be published).  

185  Mercat-Bruns, M., A la racine du mal: les tresses africaines, question de genre ou d’origine?, RDT April 

2023, p. (to be published). 

186  Court of Appeal of Versailles of 7 May 2014, No. 13/03766: refusal to hire a part-time female worker as a 

full-time worker because of her age and physical appearance. 

187  Court of Cassation, Social chamber, 10 April 2013, No. 11-26.986, admitting the absence of sufficient 

evidence of discrimination because a retired female employee could not produce sufficient evidence of pay 
discrimination compared to her male counterparts in the trade union, see comment by Mercat-Bruns, M., 
Regine Dalloz 201, p. 954; Labour Court of Paris 14 December 2017 (Conseil de prud’hommes de Paris): 
female trade union representative was refused a promotion (cumulative effect of sex and trade union 
discrimination). 

188  Court of Cassation, Social chamber, 10 November 2009, No. 07-42849. 
189  Court of Cassation, Social chamber, 21 May 2014, No. 12-28407. 
190  Labour Court of Paris, 5 July 2018, No. 15-13122. 
191  It is still the case – the Court of Cassation rejects security reasons with no other justification as a genuine, 
legitimate and justified occupational requirement to ban the beard of an employee seen as provocative and 
there is still no mention of intersectional discrimination based on religion and the male gender, Court of 
Cassation, No. 18-23743, 8 July 2020, 
https://www.courdecassation.fr/jurisprudence_2/chambre_sociale_576/715_8_45097.html. 
192  UN Human Rights Committee, International Covenant on Civil and Political Rights, available at: 

https://undocs.org/en/CCPR/C/123/D/2662/2015. 

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strictly  applied  the  CJEU  case  law,  sanctioning  companies  who  fire  women  with 
headscarves who deal with customers when no prior neutral internal rule had been adopted 
in the company.193 This might be an indirect way to limit intersectional discrimination at 
work against Muslim women. 

Moreover, some case law on indirect discrimination based on origin could be interpreted 
as  dealing  with  multiple  discrimination  when  the  Court  refers  to  the  ‘exploitation’  of  an 
undocumented domestic worker and the impossibility of comparing her with other French 
domestic  workers.194  Finally,  there  are  recurring  cases  of  sexual  harassment  in  certain 
employment  sectors  where  the  Court  recognises  that,  apart  from  sexual  harassment, 
women  are  also  the  subject  of  discrimination  in  the  form  of  sexism  and  retaliation  in 
precarious, low level jobs.195  

Outside of the previously mentioned Labour Tribunal case on systemic discrimination and 
the particular vulnerability of undocumented male construction workers, which was also 
seen  as  multiple  discrimination  by  the  Defender  of  Rights,196  there  have  been  cases  on 
amended  collective  bargaining  agreements  that  deprive  older  women  and  men  with 
seniority  (36  to  40  years)  of  bonuses.197  The  use  of  sexual  harassment  in  the  cleaning 
sector  against  low  level  female  workers  by  their  male  colleague  alongside  the  use  of 
retaliation  methods  has  recently  been  recognised  by  the  Paris  Court  of  Appeal  without 
using the term intersectionality.198 

3.5  Positive action199 

3.5.1  Definition and explicit prohibition 

Proactive measures for the under-represented sex are allowed by the Constitution or in 
statutory law200 but are optional. Since 1999, the Constitution has allowed positive action 
measures  in  the  political  sphere  and,  since  July  2008,  in  employment  relations.  The 
revision of the Constitution, which now states in its Article 1 that ‘Statutes shall promote 
equal access by women and men to elective offices and posts as well as to professional 
and  social  positions’,  has  allowed  the  adoption  of  statutes  imposing  some  quotas  for 
political  elections  and  on  company  boards.201  However,  there  is  no  obligation  for 
Parliament  to  adopt  such  positive  action  measures.202  A  constitutional  reform  is  now 
pending to remove the word ‘race’ from the Constitution and insert the word ‘sex’ in the 
prohibition  of  all  distinctions  before  the  law,  reinforcing  an  attachment  to  formal 

193  Court of Cassation, 14 April 2021, No. 19-24079. 
194  Court of Cassation, Social chamber, 3 November 2011, No. 10-20765. 
195  Labour Court of Paris, 10 November 2017, No. 15-03130: case where the Defender made observations to 

the Court about short-term employment in catering services, Court of Cassation, Social chamber 
30 January 2019 No. 17-28905. 

196  Employment Tribunal, No. 17/10051 (Cons. Prud’h. Paris, 17 déc. 2019, no 17/10051). 
197  See supra note 156. 
198  CA Paris, 29 October 2020, No. 18/00197: https://lext.so/y23Sce.; Mercat-Bruns, M., ‘Discrimination 

intersectionnelle: une notion émergente en droit du travail?’ Bulletin Joly Travail 2021, p. 1. 

199  See for more information McCrudden, C. (2019), Gender-based positive action in employment in Europe. A 
comparative analysis of legal and policy approaches in the EU and EEA, 2019, European network of legal 
experts in gender equality and non-discrimination, available at: 
https://www.equalitylaw.eu/downloads/5008-gender-based-positive-action-in-employment-in-europe-pdf-
1-9-mb. 

200  Such as the Act on real equality between women and men (Loi n° 2014-873 du 4 août 2014 pour l'égalité 

réelle entre les femmes et les hommes), available at: 
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000029330832&categorieLien=id.  
201  For example, the Law on departmental elections was reformed to introduce a binomial system by which 
voters no longer choose one candidate but a team composed of a man and a woman, Article 3 of Act 
No. 2013-403 of 17 May 2013, amending Article L. 191 of the Electoral Code. 

202  For a detailed history, see Xenidis, R., Masse-Dessen, H. (2018) ‘Positive action in practice: some dos and 
don’ts in the field of gender equality law’, European Equality Law Review 2018/2, p. 36 and on France, 
pp. 50-57. 

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equality.203  This  proposal  concerning  race  has  been  criticised  by  specialists  as  an 
incoherent change if no alternative is inserted in the Constitution.204 

In the private  sector, an entire  chapter  of the  Labour Code is dedicated to professional 
equality between men and women.205 There is a binding duty for the employer to post all 
information on measures for equality between women and men in the workplace206 and in 
the place where interviews are held.207  

The prohibition of sex discrimination does not prevent the adoption of:  

‘temporary  measures  for  the  exclusive  benefit  of  women  to  promote  equal 
opportunity between women and men in order to compensate for the inequality in 
practice  affecting  the  opportunities  of  women.  These  measures  can  take  the  form 
either of decrees covering recruitment, training, promotion and working conditions, 
or  industry-wide  collective  bargaining  agreements  or  company  plans  for  equality 
between women and men’.208  

However,  the  law  and  case  law  do  not  explicitly  describe  these  measures  as  ‘positive 
action’. 

The general obligation of employers to negotiate on equality between women and men is 
mandatory at least every four years if there is a group of union representatives.209 The 
frequency of this negotiation can be set at a minimum of every four years by an agreement 
at company level. If there is no agreement on the timetable, the negotiation is held every 
year.  The  scope  of  the  negotiations  must  include  the  gender  pay  gap.210  The  financial 
penalty in the absence of negotiations on equality reflects its binding nature.211  

Article 1 of the law of 2014,212 the first law labelled for ‘real equality’ described both the 
hard and soft nature of measures to promote equality: ‘The State and the local government 
and its public institutions enforce a policy of equality between women and men according 
to an integrated approach and evaluate all their actions’.  

The equality policy includes a broad approach, resembling a form of gender mainstreaming 
across  the  board,  through  prevention  mechanisms,  education,  parity  rules  and  positive 
action  for  equal  pay  and  against  sex  segregation  in  employment,  soft  rules  on 
dissemination of information about gender roles as well as through sanctions in terms of 
equal pay.  

203  Until the constitutional reform is passed, Article 1 does not mention sex and still states that, ‘France shall 
be an indivisible, secular, democratic and social Republic. It shall ensure the equality of all citizens before 
the law, without distinction of origin, race and religion’; on the reform, see: http://www.assemblee-
nationale.fr/dyn/15/dossiers/democratie_plus_representative_responsable_efficace#node_51536; 
https://www.lemonde.fr/politique/article/2018/07/12/l-assemblee-supprime-dans-la-constitution-le-mot-
race-et-interdit-la-distinction-de-sexe_5330615_823448.html. It is still pending. 

204  Bessone, M., Analyser la suppression du mot « race » de la Constitution française avec la Critical Race 

Theory: un exercice de traduction? Droit et société 2021 No. 108, p. 367, https://www.cairn.info/revue-
droit-et-societe-2021-2-page-367.htm. 
205  Starts at Article L. 1141-1, Labour Code. 
206  Articles L. 3221-1 to L. 3221-7, Labour Code. 
207  Article R. 3221-2, Labour Code. 
208  Article L. 1142-4, Labour Code. 
209  A ‘Section syndicale’, Article L. 2242-1, Labour Code, Executive order No. 2017-1385 of 22 September 

2017, Article 7, 
https://www.legifrance.gouv.fr/affichTexteArticle.do;jsessionid=F8AE21B6103C2E0DAB89A4A342C59D81.t
plgfr43s_2?cidTexte=JORFTEXT000035607311&idArticle=LEGIARTI000035608867&dateTexte=20190406&c
ategorieLien=id#LEGIARTI000035608867.  

210  Article L. 2242-1, Labour Code. 
211  Article L. 2242-8, Labour Code. 
212  Act on real equality between women and men (LOI n° 2014-873 du 4 août 2014 pour l'égalité réelle entre 

les femmes et les hommes), available at: 
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000029330832&categorieLien=id.  

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The list of actions in the law constructed an initial broad framework including prevention 
and  protection  to  combat  violence  against  women  and  infringement  of  their  dignity; 
reinforcing  measures  to  tackle  prostitution;  actions  to  prevent  and  combat  sexist 
stereotypes; actions to ensure that women’s procreative rights are safeguarded including 
access  to  contraception  and  abortion;  actions  to  limit  women’s  poverty;  actions  to 
guarantee equal pay and equality in employment and against sex-segregated jobs; actions 
to  improve  work-life  balance  and  shared  family  responsibilities;  actions  to  favour  equal 
access of women and men in elective mandates and posts, union organisations and boards 
of social funds; actions to ensure equal treatment of women and men in the creative and 
culture sector and promotion of their art; and actions to promote awareness about French 
and international research about the social construction of sex roles.213 

The Law on accelerating professional and economic equality of 24 December 2021 214 has 
taken the idea of positive action to another level by imposing gender balance for executive 
managers and executive committees in companies of more than 1 000 employees and a 
decree of April 2022 and Q & As of the Ministry of Labour in 2022215 have specified the 
scope of the law and the indicators which target disparities within high-level management 
and executive committees that are precisely defined, outside of executive boards.216  

In the public sector, for a long time, women were granted specific rights linked to their 
family  responsibilities.  In  1988,  France  was  referred  to  the  CJEU  because  of  special 
benefits offered to women in collective agreements.217 ‘Positive action was not invoked as 
such, the French government merely defended the existence of a compensation measure 
deemed admissible because, France argued, the aim of the directive 76/207/CEE was not 
to transform gender relations in work and family relations’.218  

In  the  Griesmar  case  (C-366/99),  contrary  to  the  argument  put  forward  by  the  French 
Government, the European Court of Justice took the view that the credit granted to civil 
servants who were mothers could not be authorised as being a measure designed to help 
women  in  their  career  since,  being  granted  at  the  date  of  their  retirement,  it  did  not 
provide  a  remedy  for  the  problems  which  they  might  encounter  in  the  course  of  their 
professional career.219 Another case subjected to a preliminary ruling concerned enhanced 
pension benefits in the public sector for child-rearing and led to a judgment of indirect sex 
discrimination.220  Since  then,  in  2015,  the  French  Council  of  State  approved  a  French 
provision  in  relation  to  the  past,  supporting  its  decision  with  a  quantitative  analysis  of 
inequalities that penalise women’s careers.221  

213  Act on real equality between women and men (LOI n° 2014-873 du 4 août 2014 pour l'égalité réelle entre 

les femmes et les hommes), available at: 
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000029330832&categorieLien=id.  
214  Act No 2021-1774 of 24 December 2021 on accelerating economic and professional equality (Loi n° 2021-

1774 du 24 décembre 2021, visant à accélérer l’égalité économique et professionnelle ). 
215  Q & As of Ministry of Labour in 2022 on new law of 2021 and decree of 2022, https://travail-

emploi.gouv.fr/droit-du-travail/egalite-professionnelle-discrimination-et-harcelement/representation-
equilibree-f-h-dans-les-postes-de-direction-des-grandes/. 

216  Decree No. 2022-680 of 26 April 2022 (Décret n° 2022-680 du 26 avril 2022). 
217  CJEU, judgment of 25 October 1988, Commission v. France, C-312/86, ECLI:EU:C:1988:485. 
218  The Court rejected this analysis, See Xenidis, R. and Masse Dessen, H. (2018) ‘Positive action in practice: 
some dos and don’ts in the field of gender equality law’, European Equality Law Review, No. 2, cited p. 52. 

219  The Court concluded that career-related difficulties encountered by mothers could not be resolved by 

means of the service credit at issue in this case. 

220  CJEU, C-102/14 Leone: civil servants who are the parents of at least three children may opt for early 

retirement with immediate payment of pension, subject to certain conditions, including having taken a 
career break of at least two consecutive months for each child. 

221  CE Ass. 27 March 2015, M. Quintanel No. 372426 (Council of State Assembly 27 March 2015 No. 372426): 
‘while noting the divergence from the EU case, the Council of State sought to establish the social facts from 
which the conclusions were to be drawn’, Xenidis, R. and Masse-Dessen, H. (2018), ‘Positive action in 
practice: some dos and don’ts in the field of gender equality law’, European Equality Law Review, No. 2, 
cited p. 55. 

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Country report - gender equality – France - 2023 

Thus,  the  principle  is  that  civil  servants  have  equal  rights  and  general  positive  action 
measures  are  excluded.  Nevertheless,  some  attempts  were  made  by  the  legislator  to 
create some quotas. For example, the law on equal pay adopted in 2006 intended to create 
mandatory  quotas  in  different  areas.  But  on  16  March  2006,  the  Constitutional  Council 
invalidated many provisions of this law.222 The mandatory provisions related to access for 
women to deliberative and jurisdictional boards were cancelled. The Council specified that 
the Constitution does not permit restrictive rules grounded on sex, and, for that reason, 
refused provisions that imposed predetermined proportions between men and women on 
boards.  In  short,  all  incentive  provisions  were  saved,  especially  those  regarding  equal 
representation of men and women in courses of initial and continuous vocational training, 
but the Constitutional Council censured all restrictive provisions. With the amendment of 
Article 1 of the Constitution in 2008, the position of the Council changed and the legislator 
is now allowed to adopt laws that promote ‘equal access by women and men to elective 
offices and posts as well as to positions of professional and social responsibility’. 

Since  2002,  one  third  of  the  members  of  juries  and  commissions  in  the  recruitment  or 
promotion  of  civil  servants  must  be  qualified  individuals  of  each  sex.223  The  aim  of  this 
quota  was  to  allow  a  balanced  participation  of  both  sexes  in  these  juries.  In  2007,  the 
Council of State stated that the decision of a commission that did not respect this quota 
could not be  void, as the law  only defines an  objective  of balanced  representation, and 
that the criterion of gender cannot prevail against competence and skills.224  

The 2019 Act on the transformation of the French civil service225 extends these positive 
gender  balance  obligations  in  juries  and  recruitment  commissions  and  attempts  to 
facilitate  its  implementation  according  to  the  public  sector  concerned.226  The  law 
incorporates  the  content  of  the  collective  bargaining  agreement  on  equality  in  the  civil 
service of 30 November 2019, which extended the obligations of all employers of the civil 
service:  all  public  authorities  including  all  administrations,  public  hospitals  and  local 
authorities,  including  all  bodies  that  work  across  different  municipal  governments 
(covering areas with more than 20 000 residents), must produce a renewable action plan 
on equality between women and men to cover a maximum of three years.  

This plan must include broad provisions on: evaluating wage disparities, equal access to 
management positions in the civil service, work-life balance, prevention and treatment of 
issues  of  discrimination,  violence,  moral  and  sexual  harassment  and  sexist  acts.  In  the 
absence  of  a  plan  or  its  renewal,  the  ‘employer’/administration  will  have  to  pay  a  fine 
equivalent  to  1 %  of  the  total  wages,  before  taxes,  of  all  its  employees.  Moreover,  all 
administrations must introduce, before 1 May 2020, a hotline to receive all reports linked 
to  violence,  discrimination  or  harassment  from  victims  or  bystanders.  The  Decree  of 
13 March 2020 details the reporting process.227 

222  Decision 2006-533 DC of 16 March 2006. 
223  Article 6 bis law of 13 July 1983 on the civil service (modified by the Law Génisson of 9 May 2001 then by 

the law of 12 March 2012), see Bui-Xuan, O. (2015) ‘La “représentation équilibrée entre hommes et 
femmes”, une catégorie juridique équivoque’ (“Balanced representation of women and men”, an ambiguous 
legal category), RDP 2015, p. 431-450; Bui-Xuan, O. (2018) ‘“Représentation équilibrée” et “représentation 
proportionnée” des femmes et des hommes: convergence ou concurrence?’ (“Balanced representation” and 
“proportional representation” of women and men: convergence or competition?), AJFP 2018, pp. 319-323. 

224  Council of State, CE 22 June 2007, No. 288206, published in the Recueil Lebon. 
225  Act No. 2019-828 of 6 August 2019 on the transformation of the civil service (LOI n° 2019-828 du 6 août 

2019 de transformation de la fonction publique), 
https://www.legifrance.gouv.fr/eli/loi/2019/8/6/CPAF1832065L/jo/texte, bill presented to the Council of 
Ministers on 23 March 2019. 

226  Article 29 of the new bill, modifying the law of 1983 on the civil service: ‘the idea is to clarify the principle 

of balanced representation in selection committees grouping different provisions of the civil service 
regulations to improve its application. It also facilitates its implementation in different administrations 
(provisions on rotating presidency between the sexes of selection committees over a period of four sessions 
of competitions to adjust to the culture of certain public professions and levels instead of every session 
which compromised its application). 

227  Decree No. 2020-256 13 March 2020 on the scheme/alter device against violent acts, discrimination, 

harassment and sexist acts in the civil service (Décret n° 2020-256 du 13 mars 2020 relatif au dispositif de 

35 

 
 
 
 
 
 
 
Country report - gender equality – France - 2023 

The  2019  Act  on  the  transformation  of  the  public  service  also  reinforces  parity  in 
management positions in the public service extending it to local government in grouped 
municipalities  or  regions  with  more  than  40 000  residents.  The  obligation  is  monitored 
during the whole term of the local government and the cycle of appointments (but limited 
to four rounds of appointments). These changes are integrated in the new reform of local 
government.  Parity  has  been  extended  to  other  key  positions228  and  a  decree  of 
30 December  2019  gives  more  detail  on  the  implementation  of  these  rules.229  The 
implementation  of  new  rules  for  parity  in  recruitment  panels  for  competitions  are 
integrated in the general Civil Service Code and the principle of alternating the presiding 
member of panels is improved and is extended to all civil service administrations.230  

Finally,  to  compensate  the  disparities  between  men  and  women  created  in  promotions, 
the new Act  on the transformation of public service  and the decree that implements its 
provisions provides that civil servants on parental leave to raise a child under eight, will 
maintain their right to promotion. This right is preserved for five years during the whole 
career. These time periods are assimilated to effective work in the civil service.231 

The law of 2019 expands the scope of the previous law of 2012 regarding civil servants in 
the three main pillars of the civil service: the civil service of the State, the civil service of 
public hospitals and the civil service of local governments.232 The main provision of the 
law was the adoption of quotas in the same way as in the private sector.233 The law also 
required that women fill 40 % of high-level civil service posts.234 The recent law introduced 
on  23  March  2019  on  the  transformation  of  the  public  sector  introduces  provisions  on 
equality as legislative measures to implement the Presidential Gender Equality Plan 2017-
2020. Decrees adopted in 2019 and 2020 have previously detailed the implementation of 
the law of 23 March 2019. 

signalement des actes de violence, de discrimination, de harcèlement et d'agissements sexistes dans la 
fonction publique), https://www.legifrance.gouv.fr/eli/decret/2020/3/13/CPAF1934186D/jo/texte. 

228  National Centre on local civil service (CNFPT) and posts of directors of public institutions nominated by the 

Council of Ministers (Centre national de la fonction publique territoriale (CNFPT) et aux emplois de 
dirigeants d’établissements publics de l’État nommés en Conseil des ministres). 

229  Decree No. 2019-1561 of 30 December 2019 on parity in nominations to management positions in the civil 
service (Décret n° 2019-1561 du 30 décembre 2019 modifiant le décret n° 2012-601 du 30 avril 2012 
relatif aux modalités de nominations équilibrées dans l'encadrement supérieur de la fonction publique), 
https://www.legifrance.gouv.fr/eli/decret/2019/12/30/CPAF1929372D/jo/texte: for administrations 
managing municipalities or regions (40 000-80 000 inhabitants), fines for a violation in terms of 
appointments for parity will amount to EUR 50 000 instead of EUR 90 000 for the other administrations. 
Sanctions apply after municipal elections of 2020. An annex in the Decree lists the additional employment 
positions which require parity including the elite schools (on administration (École nationale 
d'administration), top engineering school (École Polytechnique)), the Unemployment Agency (Pôle emploi), 
the Institute on Media (Institut national de l’audiovisuel), the Pension Fund (CNAV). 

230  Alternating the gender of the presiding member of panels is limited to four sessions of selection processes. 
231  Decree No. 2019-234 of 27 March 2019 on conditions of breaks in civil service (Décret n° 2019-234 du 27 

mars 2019 modifiant certaines conditions de la disponibilité dans la fonction publique), 
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000038277205. 

232  Law No. 2012-347 of 12 March 2012 on access to permanent posts and improving employment conditions 
for contract workers in the civil service, on combating discrimination and introducing various provisions 
relating to the civil service (Loi n° 2012-347 du 12 mars 2012 relative à l’accès à l’emploi titulaire et à 
l’amélioration des conditions d’emploi des agents contractuels dans la fonction publique, à la lutte contre les 
discriminations et portant diverses dispositions relatives à la fonction publique). 

233  The law required that women fill 40 % of the various board positions of public companies (Article 52 of the 
law of 2012). This percentage should have been reached by the second renewal of the boards after the 
adoption of the law. All the consultative bodies representing public servants should also have reached this 
percentage by their next renewal (the ‘joint civil service council’ and the councils for each category of the 
civil service: State, local government and hospital). 

234  20 % for the nominations in 2013 and 2014 and 30 % between 2015 and 2017. This means that in 2018 at 

least 40 % of the nominations for high-level civil service posts should be women. 

36 

 
 
 
 
 
 
 
Country report - gender equality – France - 2023 

3.5.2  Conceptual  distinctions  between  ‘equal  opportunities’  and  ‘positive  action’  in 

national law 

Traditionally,  the  term  ‘positive  action’  is  not  directly  used  in  gender  equality  or 
employment  policies.  Positive  action  measures  were  not  really  welcomed  in  the  French 
system,  because  they  were  very  often  viewed  as  contrary  to  the  French  concept  of 
equality.235 Positive action measures were also presented as a danger to the Republican 
idea  of  equality  because  they  could  lead  to  or  favour  communitarianism.  This  is  why, 
regarding  the  issue  of  quotas,  the  Constitutional  Council  in  1982236  declared 
unconstitutional a law whose purpose was to introduce quotas for the election of municipal 
officers.  A  revision  of  the  Constitution  was  thus  needed  to  allow  the  legislator  to  adopt 
gender quotas.  

Even  with  the  modifications  of  the  Constitution  in  1999  and  2008,  the  Constitutional 
Council has not always interpreted in an extensive way the possibility left to the legislator 
to  adopt  positive  action  measures  (see  below  the  recent  decision  of  the  Constitutional 
Council).237  Although  explicit  positive  action  measures  are  often  criticised  and  not 
necessarily  defined  as  positive  action,  the  French  system  includes  many  specific  rights 
granted  to  specific  groups  which  are  totally  accepted,  perhaps  because  they  are  not 
presented  as  positive  action  measures.  For  example,  there  are  many  specific  rules  for 
younger workers or older workers, specific measures for disabled groups, etc. 

For a very long time, specific rights, notably in the pension system, were also granted to 
women as a consequence of family policies. In order to address a social reality, namely 
the  disadvantages  which  they  incur  in  their  professional  career  by  virtue  of  the 
predominant  role  assigned  to  them  in  bringing  up  children,  mothers  who  have  raised 
children  were  granted  an  increase  in  their  insurance  coverage.  Other  measures  were 
justified by a more stereotypical view of their role as assuming domestic work outside of 
their jobs, excluding them from night work.238 The purpose of these measures was to offset 
the  disadvantages  which  female  workers  who  have  had  children  encounter  in  their 
professional life. These measures were not analysed as positive action measures. 

Proactive  measures  for  the  under-represented  sex  are  allowed  by  the  Constitution  or  a 
statute but are optional. Since 1999, the Constitution has allowed positive action measures 
in the political sphere and since July 2008 in  employment  relations.  The revision of the 
Constitution, which now states in its Article 1 that, ‘Statutes shall promote equal access 
by  women  and  men  to  elective  offices  and  posts  as  well  as  to  professional  and  social 
positions’, has allowed the adoption of statutes imposing some quotas for political elections 
and on company boards.239 However, there is no obligation for Parliament to adopt such 
positive action measures.240 A current constitutional reform is now pending to remove the 
word  ‘race’  from  the  Constitution  and  insert  the  word  ‘sex’  into  the  prohibition  of  all 
distinctions before the law, reinforcing an attachment to formal equality.241 

235  See Article 1 of the Declaration of Human and Civic Rights of 1789 (Déclaration des droits de l’homme et du 

citoyen), Articles 1 and 6. 

236  Decision 82-146 DC of 18 November 1982. 
237  Decision 2010-618 DC of 9 December 2010. 
238  Until ECJ 25 July 1991 Stoeckel C-345/89. 
239  For example, the law on departmental elections was reformed to introduce a binomial system by which 
voters no longer choose one candidate but a team composed of a man and a woman, Article 3 of Law 
No. 2013-403 of 17 May 2013, amending Article L. 191. of the Electoral Code. 

240  For a detailed history of these measures see Xenidis, R. and Masse-Dessen, H. (2018) ‘Positive action in 
practice: some dos and don’ts in the field of gender equality law’, European Equality Law Review 2018/2, 
36 and on France, pp. 50-57. 

241  Until the constitutional reform is passed, Article 1 does not mention sex and still states that ‘France shall be 
an indivisible, secular, democratic and social Republic. It shall ensure the equality of all citizens before the 
law, without distinction of origin, race and religion’; on the reform, see: http://www.assemblee-
nationale.fr/dyn/15/dossiers/democratie_plus_representative_responsable_efficace#node_51536; 
https://www.lemonde.fr/politique/article/2018/07/12/l-assemblee-supprime-dans-la-constitution-le-mot-
race-et-interdit-la-distinction-de-sexe_5330615_823448.html. The reform is still pending because of the 
pandemic. 

37 

 
 
 
 
 
 
 
Country report - gender equality – France - 2023 

The  first  concrete  notion  adopted  was  ‘real  equality’:  the  law  of  4  August  2014  on  real 
equality between women and men242 adds to the measure promoting the enforcement of 
these rights already in place and the fair representation of women and men in society as 
a whole. This term seems to refer to the enforcement of substantive equality and gender 
mainstreaming since the law of 2014 and covers a wide array of areas (employment and 
sex  segregation  of  the  workforce,  equal  representation  in  public  institutions  and  union 
organisations, prostitution and reproductive rights). Article 1 of the law imposes  on the 
State and its institutions an integrated approach to enforcing its policy on equality. For the 
Government,  it  consists  of  ‘systematically  taking  into  consideration  the  differences  in 
situations between women and men in all policies and public programmes and providing, 
if necessary, targeted actions to correct inequalities’.243  

The term ‘real equality’ stems directly from the Government’s will to conform to EU law 
on  equality  and  anti-discrimination  which  refers  directly  to  the  Charter  of  Fundamental 
Rights  (Article  23),  the  ‘possibility  of  enforcing  positive  actions’,  the  Women’s  Charter 
signed  by  the  EU  in  2010  and  the  conclusion  of  the  European  Pact  for  Gender  Equality 
(2011-2020).244  There  was  a  progressive  effort  to  enrich  the  meaning  of  substantive 
equality  based  on  a  more  quantitative  evaluation  of  corrective  measures  in  the  private 
sector  with  the  new  decree  on  the  gender  pay  gap  of  2019  which  was  adopted  to 
implement the law of 5 September 2018.  

The current trend with the new law to accelerate professional and  economic  equality  of 
2021  is  to  focus  less  on  the  principle  of  equality  and  more  on  the  process  of  inclusion 
(similar to disability paradigm) and the barriers that can be overcome through corrective 
measures taking the form of an obligation to publish indicators on gender balancing not 
only in executive boards but also in executive committees and high-level management: 
corrective  goals  are  spread  over  time  for  companies  but  only  for  those  over  1 000 
employees  under  financial  penalty  of  law  (representing  1 %  of  total  of  wages).  For 
example, by 1 March 2026, the companies will have to reach at least 30 % of persons of 
each sex among the top executive officers, as well as among the managers and members 
of the executive  committees (Article  L. 1142-11 LC). By 1 March 2029, this percentage 
must reach 40 %. 

An interesting case from the French Court of Cassation of 2017 takes into account positive 
action and EU law in order to justify a difference of treatment between men and women 
founded on inequalities in practice between women and men.245 The Court of Cassation, 
applying the French Labour Code (Articles L. 1142-4, L. 1143-1 and L. 1143-4) ‘in the light 
of Article 157 § 4 of the TFEU’, decided that a collective agreement may provide for a half 
day’s  leave  only  for  women  if  this  measure  seeks  to  address  equal  opportunities  in 
remedying de facto inequalities that generally affect women. What is striking is that the 
Court,  in  a  commentary  on  this  case  posted  on  its  website,  directly  refers  to  Kalanke, 
Marshall and Badeck and explains that ECJ case law has evolved concerning positive action 
which would actually not constitute an exception to equal treatment  in this instance but 
rather represent a form of equal treatment, ‘positive discrimination’, in accordance with 
Article 157 TFEU and the enforcement of Directive 2006/54/CE (Articles 2 and 3). In sum, 
the Court, without using the term ‘positive action’ but referring to ‘positive discrimination’ 
and ‘equal opportunities’ (égalité des chances) does seem to be influenced by EU case law 
on  positive  action.  However,  allowing  an  extra  holiday  for  women,  despite  its  symbolic 

242  Law No. 2014-873 of 4 August 2014 on real equality between women and men (Loi n° 2014-873 du 4 août 

2014 pour l'égalité réelle entre les femmes et les hommes), available at: 
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000029330832&categorieLien=id.  
243  Secrétariat d’Etat chargé de l’égalité entre les femmes et les hommes (2017), Vers l’égalité réelle entre les 
femmes et les hommes: Chiffres clés 2017 (Towards real equality between women and men: key figures 
2017), p. 4. 

244  Secrétariat d’Etat chargé de l’égalité entre les femmes et les hommes (2017), Vers l’égalité réelle entre les 
femmes et les hommes: Chiffres clés 2017 (Towards real equality between women and men: key figures 
2017), p. 4. 

245  Court of Cassation, Social chamber, 12 July 2017, No. 15-26262. 

38 

 
 
 
 
 
 
Country report - gender equality – France - 2023 

nature to promote women, does not seem like a positive action measure (understood as 
concrete  measures  to  combat  inequalities  in  practices  through  equal  opportunities  in 
employment within the meaning of the EU case law).246 

Currently, the trend in the public sector is to reinforce existing parity procedures and pair 
them  with  the  fight  against  discrimination,  which  is  reflected  in  the  2019  Act  on  the 
transformation  of  the  civil  service,  Part  V  of  which  is  headed,  ‘Reinforcing  professional 
equality’, 
‘professional  equality  and  prevention  of 
discrimination’.247  

first  chapter  covers 

the 

3.5.3  Specific difficulties  

In  the  public  sector,  in  the  case  law,  it  seems  there  is  a  long-standing  form  of  subtle 
resistance to upholding temporary measures which compensate for inequalities linked to 
women’s  less  linear  careers  and  to  take  into  account  past  inequalities.  The  Leone  case 
subjected to a preliminary ruling concerned enhanced pension benefits for child-rearing in 
the  public  sector  and  led  to  a  judgment  of  indirect  sex  discrimination.248  In  2015,  the 
French  Council  of  State  approved  a  French  legal  provision  giving  service  credit  for  a 
pension in relation to the right to leave for women for child-rearing, a provision which has 
been abolished since then to be in conformity with EU law. At the time, the Council still 
defended  a  quantitative  analysis  of  inequalities  between  women  and  men,  arguing  that 
maternity and parental leave combined directly affect women’s career paths and reduce 
the amount of their pensions more than those of men, despite the standards applied in 
the  Leone  and  Griesmar  CJEU  cases  which  the  French  Council  of  State  explicitly 
acknowledged in the case.249  

There is a big push for gender balance in administrative courts including the French Council 
of State, following a collective bargaining agreement in 2021, which might affect the trends 
in  case  law  on  gender  equality  and  the  awareness  of  the  scope  and  limits  of  positive 
action.250  

246  See Flash report by Laulom, S., ELR, https://www.equalitylaw.eu/downloads/4518-france-a-court-decision-

on-positive-action-pdf-135-kb. 

247  Act No. 2019-828 of 6 August 2019 on the transformation of the civil service (LOI n° 2019-828 du 6 août 

2019 de transformation de la fonction publique), 
https://www.legifrance.gouv.fr/eli/loi/2019/8/6/CPAF1832065L/jo/texte. 

248  CJEU, C-102/14 Leone: civil servants who are the parents of at least three children may opt for early 

retirement with immediate payment of pension, subject to certain conditions, including having taken a 
career break of at least two consecutive months for each child. 

249  CE Ass. 27 March 2015, M. Quintanel No. 372426 (Council of State Assembly 27 March 2015 No. 372426): 
‘while noting the divergence from the EU case, the Council of State sought to establish the social facts from 
which the conclusions were to be drawn’, Xenidis, R. and Masse-Dessen, H. (2018) ‘Positive action in 
practice: some dos and don’ts in the field of gender equality law’, European Equality Law Review, No. 2, 
cited p. 55. 

250  Publication of statistics on gender equality in administrative courts in 2022, https://www.conseil-

etat.fr/actualites/egalite-professionnelle-femmes-hommes-la-place-des-femmes-au-sein-de-la-justice-
administrative. 

39 

 
 
 
 
 
 
 
 
 
Country report - gender equality – France - 2023 

3.5.4  Measures to improve the gender balance on company boards251 

A law was adopted on 27 January 2011252 in order to improve the representation of women 
on  company  boards.  The  law  imposed  a  quota  for  each  sex.  Firms  with  more  than  500 
employees and revenue of over EUR 50 million had to ensure that each sex has at least 
20 % of boardroom seats by 2014 and 40 % by 2017.253  

Non-complying companies would see their board elections nullified but not the decisions 
adopted  by  the  board.  New  elections  had  to  be  held  in  order  to  fulfil  the  obligation  of 
gender representation. The principle was extended to 40 % parity in 2012 for state-owned 
companies and institutions with both private and public support in which the employees 
have private contracts.254  Act No. 2014-873 of 4  August 2014 on  real  equality between 
women  and  men  extended  the  obligation  to  all  administrators  of  public  institutions  in 
matters  of  cultural  cooperation,  commissions  and  central  agencies  under  the  Social 
Security Code.  

As  of  1  March  2022,  a  new  Law  No. 2021-1774  of  24  December  2021  to  accelerate 
professional and economic equality (Article 14, II Law 2021-1774), in companies with at 
least  1 000  employees,  requires  the  employer  to  publish,  each  year,  the  disparities  in 
representation  of  women  and  men  among  both  the  ‘top  executive  officers’  and  the 
managers,  as  well  as  members  of  ‘executive  committees’  (Article  L.  1142-11  Labour 
Code).  Thus  this  law  extends  parity  rules  to  high-ranking  positions  outside  executive 
boards. 

‘Top  executive  officers’  are  defined  as  managers  who  are  entrusted  with  important 
responsibilities requiring great independence in the organisation of their work schedule, 
who are authorised to make decisions in an autonomous fashion and receive wages in the 
highest bracket of the pay grade system of their undertaking or company (Article L. 3111-2 
Labour Code).  

‘Executive committees’ are defined as entities or bodies put into place within the company 
to accomplish any acts  or practices to  regularly assist the bodies/committees/boards  of 
the head of the company in their tasks (Article L. 23-12-1 Commercial Code).  

The Ministry of Labour in its Q & As specified that all companies of over 1 000 employees 
are covered by these new rules regardless of their status of incorporation.255 

This information on disparities of representation between women and men among the top 
executive officers and members of executive committees needs to be included in a general 
database  on  economic,  social  and  environmental  information  (la  base  de  données 
économiques,  sociales  et  environnementales  (BDESE);  Article  L.  2312-18  Labour  Code) 

251  See for more information Senden, L. and Kruisinga, S. (2018) Gender-balanced company boards in Europe. 
A comparative analysis of the regulatory, policy and enforcement approaches in the EU and EEA Member 
States, available at https://www.equalitylaw.eu/downloads/4537-gender-balanced-company-boards-in-
europe-pdf-1-68-mb. 

252  Act of 27 January 2011, No. 2011-103, on the balanced representation of women and men on boards of 

directors and supervisory boards and on gender equality in the workplace (Loi du 27 janvier 2011 relative à 
la représentation équilibrée des femmes et des hommes au sein des conseils d'administration et de 
surveillance et à l'égalité professionnelle). 

253  Between 2013 and 2018, the number of women on the boards of directors of SBF 120 companies increased 
by 17.1 %, and their share jumped from 26.2 % to 43.3 %. The prospect of directors’ fees being frozen 
and of new appointments to boards being cancelled, together with naming and shaming in the media, 
played a decisive role. However, while the Cope-Zimmerman law has been able to give the necessary 
impetus within the governance of large French companies, the feminisation of executive committees and 
the top 100 remains insufficient. Since 2013, there have been only 6 and 4 points of progression 
respectively in the CAC 40 (9.5 % to 15.6 % for comex and 15.6 % to 19.5 % in 2017 for the top 100). 

254  Law No. 2012-347 of 12 March 2012. 
255  See: https://travail-emploi.gouv.fr/droit-du-travail/egalite-professionnelle-discrimination-et-

harcelement/representation-equilibree-f-h-dans-les-postes-de-direction-des-grandes/. 

40 

 
 
 
 
 
 
 
 
 
 
Country report - gender equality – France - 2023 

and  by  March  2023,  published  for  public  consultation  on  the  website  of  the  Ministry  of 
Labour (Article L. 1142-11 LC).  

By 1 March 2026, the same companies will have to reach at least 30 % of persons of each 
sex among the top executive officers, as well as among the managers and members of 
the executive committees (Article L. 1142-11 LC). By 1 March 2029, this percentage must 
reach 40 %. 

By 1 March 2026, in the same companies, if this parity rule of 30 % or 40 % is not reached, 
companies must negotiate on the level of the enterprise to adopt adequate and relevant 
measures in order to correct the disparity. If no agreement can be found, the employer 
will adopt these measures unilaterally after consulting the works council and will publish 
this  decision  on  an  online  platform  hosted  by  the  Ministry  of  Labour.  The  ministry  can 
make its own observations on the agreement or the unilateral decision, and make these 
available to the works council (Article L. 1142-13 LC). 

By 1 March 2029, the same companies that have not respected the 40 % parity rule will 
have  two  years  to  comply.  Within  a  year,  the  company  will  have  to  publish  a  progress 
report on the attainable goals and the corrective measures taken, as specified by a decree 
that will be shortly be adopted (Article L. 1142-12 LC).256 If no corrective measures are 
taken  within  two  years,  the  public  authorities  will  impose  a  financial  sanction  on  the 
employer of a maximum of 1 % of the total amount of wages of that preceding fiscal (civil) 
year. The public authority will set the amount according to the economic situation of the 
company, its efforts to comply with the parity rule in terms of representation of women 
and men as well as the reasons for its non-compliance; the details of the calculation will 
be specified in the decree. The revenue generated from the fines will go into the general 
state budget. 

The Decree of 2022 specifies that the proportion of men and women carrying out these 
executive duties should be evaluated every year for 12 months consecutively according to 
the fiscal year.257  

The law  of 2021 follows most  of the recommendations made by the  2019 report  of the 
High Council on Equality on the evaluation of parity rules for executive boards, leverage 
and the role of public financial support.258 The recommendations covered three areas of 
future policy: (1) to pursue parity and increase its scope to other strategic committees in 
companies; (2) to monitor further its effects from the outside (this could be done through 
commercial courts) and potentially impose sanctions in the same way that wage indicators 
were adopted for equal pay in France (this recommendation for court oversight was not 
followed); and finally, (3) to gain leverage by conditioning public finance for companies on 
an evaluation of the companies’ inclusion of women in governance (the report shows that 
start-ups launched by women have a hard time obtaining financing).259 The proposal to 
focus public investment on start-ups led by women was included in the new law of 2021. 

256  Decree No. 2022-243 of 25 February 2022 on measures to limit wage gap between women and men in 
companies provided in Article 13 of the Law on accelerating economic and professional equality and 
Article 244 of the Law No. 2020-1721 of 29 December 2020, budgetary law for 2021 (Décret n° 2022-243 
du 25 février 2022 relatif aux mesures visant à supprimer les écarts de rémunération entre les femmes et 
les hommes dans l'entreprise prévues par l'article 13 de la loi visant à accélérer l'égalité économique et 
professionnelle et par l'article 244 de la loi n° 2020-1721 du 29 décembre 2020 de finances pour 2021). 

257  Decree No. 2022-680 of 26 April 2022 – Art. 1 (Article D. 1142-15 Labour Code). 
258  High Council on Equality (2019), Accès des femmes aux responsabilités et rôle levier des financements 
publics (Women’s access to high-level responsibilities and the leverage of public financial intervention) 
17 December 2019, http://www.haut-conseil-egalite.gouv.fr/IMG/pdf/synthese_rapport-parite-
gouvernance_17122019.pdf. 

259  High Council on Equality (2019), Women’s access to high-level responsibilities and the leverage of public 

financial intervention, p. 4. 

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Country report - gender equality – France - 2023 

The next report, which was drafted in 2020 and published in January 2021,260 marked the 
10th  anniversary  of  the  2011  law  on  parity  in  executive  boards  and  acknowledged  the 
need  to  reinforce  women  in  powerful  positions,  for  example  as  presidents  of  executive 
boards or as members of strategic committees, which was included in the new law of 2021. 
The report recommended extending the parity rule to all corporations, regardless of the 
number  of  employees,  that  generate  a  minimum  revenue  of  EUR 50  million,  starting  at 
20 % in 2023 and moving to 40 % in 2025. The proposal to cover more companies was 
rejected and the new law of 2021 expands parity rules only to companies with over 1 000 
employees.  The  report  also  suggested  putting  more  women  on  the  committees  that 
nominate new board members and creating monitoring bodies to verify the enforcement 
of  the  rules  through  clerks  of  the  Commercial  Courts  or  the  Ministry  of  the  Economy. 
Finally, the report indicates the need to articulate systemic sex discrimination in pay grade 
and promotions with parity rules and to add to the new equal pay indicators of 2018, in 
addition to the indicator on the number of women in the 10 highest positions in the firms, 
the number of women on the strategic and executive committees managing the company 
according to the definition of those high-level managers.261  

3.5.5  Positive action measures to improve the gender balance in other areas  

France  has  adopted  various  provisions  in  order  to  improve  gender  balance  in  political 
elections and also in various other fields.  

Regarding  political  candidate  lists,  the  rules  depend  on  the  type  of  elections.  Proactive 
measures for the under-represented  sex are allowed by the Constitution or in statutory 
law262 but are optional. Since 1999, the Constitution has allowed positive action measures 
in the political sphere. The revision of the Constitution, which now states in its Article 1 
that ‘Statutes shall promote equal access by women and men to elective offices and posts 
as  well  as  to  professional  and  social  positions’,  has  allowed  the  adoption  of  statutes 
imposing some quotas for political elections as well as company boards.263 However, there 
is no general obligation for Parliament to adopt such positive action measures (just fines 
to pay in the case of violations).264 Since 2000, the law has stated that all political parties 
should include equal numbers of men and women on party lists for elections conducted 
via proportional representation (European Parliament, municipal and regional elections). 
For  elections  to  the  National  Assembly,  political  parties  should  also  present  the  same 
number of candidates of each sex and non-compliance with this rule will result in a financial 
penalty.265 The succession of laws result in increased penalties and the most recent effort 
has been to try to enforce gender balance at the local level for municipalities under 1 000 
residents.266  

260  High Council on Equality (2021) ‘10 years of the Copé-Zimmerman Law: from parity to equality’, 
26 January 2021, https://www.haut-conseil-egalite.gouv.fr/IMG/pdf/livret_-_10_ans_loi_cope-
zimmermann-2.pdf.  

261  Article L. 3111-2 of the Labour Code. 
262  Such as the Act on real equality between women and men (Loi n° 2014-873 du 4 août 2014 pour l'égalité 

réelle entre les femmes et les hommes), available at: 
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000029330832&categorieLien=id.  
263  For example, the Law on departmental elections was reformed to introduce a binomial system by which 
voters no longer choose one candidate but a team composed of a man and a woman, Article 3 of Act 
No. 2013-403 of 17 May 2013, amending Article L.191 of the Electoral Code. 

264  For a detailed history, see Xenidis, R., Masse-Dessen, H. (2018) ‘Positive action in practice: some dos and 
don’ts in the field of gender equality law’, European Equality Law Review 2018/2, p. 36 and on France, pp. 
50-57. 

265  For example, for departmental elections, for the first time Law No. 2013-403 of 17 May 2013 (applied for 

the first time in 2015) states that there must be two candidates for each departmental district, a man and a 
woman. For a reference to the series of principal laws passed on gender balance in the political sphere see 
the fact sheet elaborated by the National Assembly, https://www2.assemblee-nationale.fr/decouvrir-l-
assemblee/role-et-pouvoirs-de-l-assemblee-nationale/les-institutions-francaises-generalites/l-egal-acces-
des-femmes-et-des-hommes-aux-mandats-electoraux-et-fonctions-electives2. 

266  Bill No. 4587 of 4 Feb. 2022, to extend parity to municipal elections and elective positions for municipalities 

under 1 000 residents: (Proposition de loi visant à renforcer la parité dans les fonctions électives et 
exécutives du bloc communal ), adopted by General Assembly, 4 Feb. 2022, still pending, 
https://www.assemblee-nationale.fr/dyn/15/dossiers/renforcement_parite_fonctions_electives_communes. 

42 

 
 
 
 
 
 
Country report - gender equality – France - 2023 

The  High  Council  on  Equality267  which  was  actually  given  a  mission  in  2017  to  monitor 
parity268  (after  replacing  the  Observatory  on  parity  (gender  balance)  initially  created  in 
1995 under President Chirac and extended to diversity in 2015 by President Hollande),269 
has  written  frequent  reports270  on  the  challenges  of  gender  balance  (parity).  A  recent 
report of December 2022 by the High Council on Equality on gender balance in the political 
sphere  recommends  a  new  impetus  to  work  on  the  environmental  causes  of  gender 
imbalance  in  politics  linked  to  a  sexist  culture  and  the  modes  of  election  in  Parliament 
(General  Assembly),  requiring  a  constitutional  amendment  recognising  parity  as  a 
fundamental  right  to  impose  parity  for  any  local  election  in  the  smallest  villages.271  An 
innovative  law  has  introduced  ways  to  encourage  women  to  invest  in  local  municipal 
politics  with  financial  support  for  officials  with  care  responsibilities  to  participate  in 
meetings (elder- and childcare).272 

The High Council on Equality reports cases where women are placed on electoral lists (even 
EU elections) but then are encouraged to resign once elected to be replaced by men (this 
practice is for example employed by far right political parties).273 

In 2012, a law274 introduced a 40 % gender quota to be reached by 2018 for nominations 
to  executive  functions  in  the  civil  service.  It  applies  to  administrative  and  supervisory 
boards of public institutions, high councils, juries and selection committees in civil service 
procedures. The 2014 law for real equality extended quotas to civil society organisations 
such as sports federations.275 

Act  No. 2015-994  of  17  August  2015  on  social  dialogue  and  employment  also  contains 
some provisions regarding parity in the elections of workers’ representatives. The lists of 
candidates  being  proposed  for  these  representative  positions  must  reflect  the  gender 
balance of the employees represented. Thus the list should represent the same proportion 
of  men  and  women  as  the  proportions  of  the  electoral  college.  The  lists  are  composed 
alternatively of men and women. The Constitutional Court confirmed that this provision is 
in  accordance  with  the  Constitution  (Decision  No. 2017-686  QPC  of  19  January  2018) 
subject to the condition that one sex is not totally excluded.276 The sanction is very severe. 
If  the  quota  is  not  respected,  the  excess  number  of  representatives  of  one  sex  will  be 
dismissed. A report published by DARES (the research service of the Ministry of Labour) 
shows that equality is far from being achieved in these bodies.277 It shows that, ‘Between 
2001 and 2012, the percentage of women elected to French labour representation bodies 
or  establishment  committees  (EC)  and  Single  Personnel  Delegations  (DUPs)  increased 

267  See: https://haut-conseil-egalite.gouv.fr/parite/. 
268  Law 27 Jan 2017 on equality and citizenship (Loi n° 2017-86 du 27 janvier 2017 relative à l’égalité et à la 

citoyenneté), Art. 181. 

269  See: https://www.interieur.gouv.fr/Le-ministere/Secretariat-general/Observatoire-de-la-diversite-et-de-la-

parite. 

270  HCE, Quel partage du pouvoir entre les femmes et les hommes élu.e.s au niveau local ? État des lieux de la 

parité aux niveaux communal, intercommunal, départemental et regional https://www.haut-conseil-
egalite.gouv.fr/IMG/pdf/hce_parite_au_niveau_local_2017_02_02_compresse.pdf. 

271  Using voting systems more favourable to gender balanced representation: binominal voting system for 
legislative elections, more party list voting systems for senatorial elections, gender balance in local 
elections starting from elections with the lower number of residents, High Council on Parity, For an ACT II 
on parity, Rapport No.2022-12-12-PAR-54, publié le 12 décembre 2022, https://www.haut-conseil-
egalite.gouv.fr/IMG/pdf/rapport_parite_compresse.pdf. 

272  LOI n° 2019-1461 du 27 décembre 2019 (on political local commitment) relative à l’engagement dans la vie 

locale et à la proximité de l’action publique. 

273  Beauvallet, W., Michon, S., ‘L'impact du mode de scrutin européen sur l'élection des femmes au parlement 

européen en France : une dynamique associant règles juridiques et stratégies politiques’, Politique 
européenne, vol. 1, No. 24, 2008, pp. 123-143, https://www.politika.io/fr/notice/parite-quotas-politique. 

274  Law No. 2012-347 of 12 March 2012. 
275  Law No. 2014-873 of 4 August 2014 on real equality between women and men. 
276  Article L. 2314-30 (Ord. 22 September 2017). 
277  DARES (2018) Les femmes dans les instances representatives du personnel : bientôt la parité ? (Women on 

workers’ representative bodies: parity soon?), available at: http://dares.travail-
emploi.gouv.fr/IMG/pdf/2018-007.pdf. 

43 

 
 
 
 
 
 
Country report - gender equality – France - 2023 

from 32 % to 40 %’. The numbers of women represented often reflect the percentage of 
female employees in these job sectors. 

Although the gender balance of the representative bodies depends on the gender balance 
in  each  sector,  women  remain  under-represented  among  elected  officials  in  the  vast 
majority of industries. The rate of gender representation of elected women workers and 
employees in work councils increased from 37 % to 42 %, which is closer to the proportion 
of women in the corresponding professional sectors (44 %). On the other hand, women 
only  make  up  28 %  of  the  elected  representatives  on  the  committee  of  ‘engineers  and 
managers’  where  they  represent  more  than  a  third  of  employees  involved  in  the 
professional elections. While the non-union lists established mainly in the SMEs generally 
respect the relative parity of women, the proportion of women elected on the union list 
varies greatly according to the organisation. These differences partly reflect the gendered 
structure of the industry’s labour force for which unions are established. The concentration 
of  women  in  trades  and  occupational  categories  which  are  rather  distant  from  the 
organisations could also explain their under-representation among elected representatives 
and  bodies  made  up  of  a  combination  of  representatives,278  known  as  the  unique  staff 
delegations. 

Monitoring of parity in the civil service is mentioned in the Act on the transformation of 
the  civil  service  of  2019.279  It  reinforces  the  goals  set  by  an  agreement  on  equality  in 
employment  between  men  and  women  in  the  public  sector  that  was  signed  on 
20 November  2018.280  This  agreement  is  on  equal  access  to  professions  and 
responsibilities for balanced representation in senior management positions to head public 
administrations  or  regional  institutions,  taking  into  consideration  the  pool  of  available 
women candidates for recruitment and promotion.281 

The under-representation of women in start-ups has led to the introduction (in the new 
Act  No. 2021-1774  of  24  December  2021  on  accelerating  professional  and  economic 
equality of women and men) of an obligation to publish indicators of gender representation 
within the public authority in charge of public loans (BPI France) and in companies which 
receive the financial support. Article 16 of the law requires BPI France to publish the gender 
disparities  in  representation  on  their  investment  committees.  By  1  March  2022,  the 
percentage of members of both sexes in those committees cannot be less than 30 % and 
by  1  March  2026,  not  less  than  40 %.  Article  16  also  requires  BPI  France  to  financially 
support companies who respect the equal representation of men and women by producing 
progressive reports on  the issue and that  annually publish data  on the gender of those 
who benefit from the public loans. The same parity rules are also extended to executive 
bodies  in  charge  of  investment  banking  (Article  L.  533-22-2-4  Monetary  and  Financial 
Code) and mutual insurance companies (Article L. 322-26-2-5 Insurance Code). 

278  This was called a ‘délégation unique du personnel’ (DUP), a representative body composed of union 

members, health and security representatives and elected representatives in companies of 50 to 300 
employees, Act No. 2015-994 of 17 August 2015. This elected body was replaced by a new elected body, 
the comité social et économique (CSE) following the labour law reform, Act No. 2017-1386 of 
22 September 2017 on the new organisation of social dialogue. 

279  Act No. 2019-828 of 6 August 2019 on the transformation of the civil service. 
280  Agreement on equality between women and men in the civil service, available at: 

https://sante.gouv.fr/IMG/pdf/20181130-accord-egalite-pro.pdf. 

281  Agreement on equality between women and men in the civil service, p. 12, available at: 

https://sante.gouv.fr/IMG/pdf/20181130-accord-egalite-pro.pdf. 

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Country report - gender equality – France - 2023 

3.6  Harassment and sexual harassment 

3.6.1  Definition and explicit prohibition of harassment 

At  first,  harassment  was  not  defined  in  relation  to  discrimination.  Thus,  according  to 
Article L. 1152-1  of  the  Labour  Code,  employees  are  not  to  be  subjected  to  repeated 
actions constituting psychological harassment (or bullying) the aim or effect of which may 
result  in  a  deterioration  of  their  working  conditions  and  which  are  likely  to  violate  their 
rights and dignity, impair their physical or mental health or jeopardise their professional 
future. 

Article 1 of Act 2008-496 of 27 May 2008282 adds a new definition, as required by EU law. 
According to this Article, discrimination includes ‘any action relating to one of the reasons 
mentioned in the first paragraph (including sex) and any action with a sexual connotation, 
to  which  a  person  is  subjected,  with  the  purpose  or  effect  of  violating  their  dignity  or 
creating  a  hostile,  degrading,  humiliating  or  offensive  environment’.  This  definition 
complies with the EU definition. The 2008 Act has not repealed the existing definition. As 
a result, there are now two different definitions of psychological harassment under French 
law, which are applicable in different circumstances. According to the Labour Code (before 
its amendment of 2018) harassment supposes repeated acts and is not assimilated to a 
form  of  discrimination.  In  contrast  to  the  new  provisions,  Law  2018-703  of 
3 August 2018283 has since given a new definition in the new Article 222-33 and 222-33-2 
of the Penal Code. 

Since the Rebsamen Law of 17 August 2015, sexist behaviours are also prohibited. Sexist 
behaviours are defined as any behaviour based on gender, with the purpose or effect of 
harming  dignity  or  creating  an  intimidating,  hostile,  degrading,  humiliating  or  offensive 
work environment (see Article L. 1142-2-1 of the Labour Code). 

3.6.2  Scope of the prohibition of harassment 

Article 1 of the 2008 law has the same scope as Directives 2006/54/EC and 2004/113/EC. 
It  covers  working  conditions  (including  access  to  employment,  vocational  training  and 
promotion)  in  the  private  and  public  sectors,  and  it  now  also  covers  access  to  and  the 
supply of goods and services. Otherwise psychological harassment (not defined in relation 
to sex discrimination) has a broader scope and is prohibited in general (Article 222-33-2-2 
of the Criminal Code) and in particular in family relationships (Article 222-33-2-1). 

3.6.3  Definition and explicit prohibition of sexual harassment 

A first definition of sexual harassment284 was found to be unconstitutional by the French 
Constitutional Court, which stated that the definition was not sufficiently clear or precise 
for criminal law.285 This decision came as a bombshell, as it removed the prohibition on 
sexual harassment from the French Criminal Code. The consequences of the decision were 
clearly  unexpected,  as  the  decision  left  a  legal  vacuum  in  the  Criminal  Code,  given  its 
immediate effect. From the date of its publication, no one could be convicted or punished 
on  the  grounds  of  sexual  harassment,  as  the  offence  no  longer  existed,  and  alleged 
offenders were systematically discharged. 

282  Act No. 2008-496 of 27 May 2008 implementing the various directives on discrimination, 

https://www.legifrance.gouv.fr/affichTexte.do;jsessionid=D575B835FE60A4ADE9CDF816A841011E.tplgfr43
s_2?cidTexte=JORFTEXT000018877783&dateTexte=20191107. 

283  Act No. 2018-703 of 3 August 2018 reinforcing the fight against sexual and sexist violence. 
284  Act No. 2002-731 of 17 January 2002 on social modernisation; Article 179 introduced Article 222-33 of the 
Criminal Code without defining what sexual harassment was: ‘the act of harassing someone in order to 
obtain sexual favours is punishable by one year’s imprisonment and a fine of EUR 15 000’. 

285  Constitutional Council (Conseil Constitutionnel), No. 2012-240, 4 May 2012, QPC, No. 2012-240 abolishes 
the provision on sexual harassment in Act of 17 January 2002 (Loi n° 2002-73 du 17 janvier 2002 de 
modernisation sociale). 

45 

 
 
 
 
 
 
 
 
 
 
 
Country report - gender equality – France - 2023 

The  French  legislature  quickly  addressed  this  issue  and  a  new  law  was  adopted  in 
August 2012.286 It includes another definition of sexual harassment which is very similar 
to the European one (see Article 222-33 of the Criminal Code and Article L. 1153-1 of the 
Labour  Code). The law  is based on a two-prong definition: firstly,  sexual harassment is 
understood as imposing on someone, in a repeated manner, words or actions that have a 
sexual  connotation  and  either  affect  the  person’s  dignity  because  of  their  degrading  or 
humiliating  nature  or  put  him  or  her  in  an  intimidating,  hostile  or  offensive  situation; 
secondly, one single act can also be assimilated to quid pro quo sexual harassment where 
someone is using any kind of serious pressure, with the real or visible goal of obtaining an 
act of a sexual nature.  

The  recent  reform  on  health  at  work  of  August  2021  further  enriched  the  definition  of 
sexual  harassment  extending  both  to:  sexist  comments  or  behaviours,  including  those 
made by several individuals, in a concerted effort or under the influence of one of them, 
even if none of them alone perpetrated repeated acts and to these same comments and 
behaviours, made by several individuals successively, without any coordination, producing 
the same repeated effect.287 

Public institutions have been asked to pay more attention to sexual harassment following 
President  Macron’s  equality  plan,  which  was  introduced  as  a  ‘national  cause’  for  his 
presidential term. The priority of this plan is to improve enforcement of sanctions against 
perpetrators of sexual harassment and improve the means of protecting victims of sexual 
harassment:288 training and education on this topic is encouraged for public officials (the 
police, justice, education, etc.) and private actors. In force since 1 January 2019 in the 
chapter of a law on equal pay and combating sexual harassment,289 employers must inform 
by  any  means  their  workers,  candidates  for  employment  or  any  person  in  training  or 
internship  of  Article  222-33  of  the  Criminal  Code.  They  must  also  provide  information 
about the possible legal action, both civil and criminal, in cases of sexual harassment, as 
well as the addresses and phone numbers of the company doctor, the labour inspector, 
the  new  contact  person  for  cases  of  sexual  harassment  or  sexist  behaviour  (companies 
with more than 250 employees) and the contact person named on these issues appointed 
by the works council (comité social et économique).290 In practice, this information will be 
posted  in  the  workplace  and  in  areas  where  recruitment  activities  are  held.291  These 
measures  are  now  required  in  the  public  sector.292  The  Decree  of  13  March  2020 
implementing  the  Act  on  the  transformation  of  public  service  of  2019  has  introduced  a 
hotline  for  sexual  harassment  in  public  sector  employment,  open  to  victims  and 
bystanders.293 

286  Act No. 2012-954 of 6 August 2012, on sexual harassment (Loi n° 2012-954 du 6 août 2012 relative au 

harcèlement sexuel). 

287  Act No. 2021-1018, 2 August 2021 on health at work (Loi No. 2021-1018 du 2 août 2021 sur la 

santé au travail). 

288  See: https://www.egalite-femmes-hommes.gouv.fr/legalite-entre-les-femmes-et-les-hommes-declaree-

grande-cause-nationale-par-le-president-de-la-republique. 

289  Article L. 1153-5 amended by Article 105 (V) of Act No. 2018-771 of 5 September 2018 on the freedom of 

choosing a future professional life (Loi pour la liberté de choisir son avenir professionnel). 

290  Décret n° 2019-15 du 8 janvier 2019 portant application des dispositions visant à supprimer les écarts de 
rémunération entre les femmes et les hommes dans l'entreprise et relatives à la lutte contre les violences 
sexuelles et les agissements sexistes au travail, 
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000037964765&categorieLien=id. 

291  The internal regulations of companies with more than 20 employees already included this information, 

Article L. 1321-2, Labour Code. 

292  The Act on the transformation of the civil service introduced a requirement for a contact person to report 
sexual harassment and sexist conduct in the public sector; Bill presented to the Council of Ministers on 
March 23 2019, available at: https://www.vie-publique.fr/actualite/panorama/texte-discussion/projet-loi-
transformation-fonction-publique.html (Article 6 quater adopted in 2019, amending law of 1983 for civil 
servants, cited). 

293  Decree No. 2020-256 of 13 March 2020 on reporting acts of violence, discrimination and harassment and 
sexist acts in the public sector (Décret n° 2020-256 du 13 mars 2020 relatif au dispositif de signalement 
des actes de violence, de discrimination, de harcèlement et d’agissements sexistes dans la fonction 
publique), https://www.legifrance.gouv.fr/eli/decret/2020/3/13/CPAF1934186D/jo/texte. 

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The  fifth  interministerial  plan  (2017-2019)  on  prevention  and  punishment  of  violence 
against women has been described  as  ‘a plan to raise awareness  and reinforce existing 
mechanisms  to  support  victims’,  including  sanctions  against  cyber  harassment294  and 
street  harassment.295  It  is  mentioned  in  a  booklet  of  government  policies  on  equality 
produced by the Secretary of State, in the chapter on real equality between women and 
men.296 Apparently the plan was not sufficiently effective. The recurring acts of femicide 
each  year  in  France  (resulting  in  122  deaths  of  women  in  2019)297  created  a  need  for 
additional  measures  in  October  2019  to  prevent  these  acts  and  protect  the  victim’s 
residence, introduced by Act No. 2019-1480 of 28 December 2019 to combat violence in 
the family.298 

The Decree of 13 March 2020 implementing the Act on the transformation of public service 
of 2019 has introduced a hotline for sexual harassment in public sector employment, which 
is open to victims and witnesses.299 

The  journalist  and  survivor  of  sexual  harassment,  Sandra  Muller,  who  launched  the 
hashtag  ‘name  your  pig’  after  the  Weinstein  affair,  having  been  condemned  in  the  first 
instance for defamation in 2017, recently won her case on appeal: the court decided that 
the hashtag was indeed an infringement of the perpetrator’s honour but that the author 
of the hashtag was acting ‘in good faith’, in the public interest, and had liberated the voice 
of women on the issue of sexual harassment and violence.300  

3.6.4  Scope of the prohibition of sexual harassment 

Outside of the Labour Code, the Criminal Code prohibits sexual harassment in general and 
not  only  in  employment  relationships  (see  Article  222-33)  and  therefore  it  also  covers 
access to goods and services.  

3.6.5  Understanding of (sexual) harassment as discrimination 

Article 3 of the 2008 law states that any less favourable treatment cannot be based on the 
person’s rejection of or submission to such conduct. 

294  See Article 222-33 of the Criminal Code: ‘sexual harassment also occurs when words or behaviours are 

imposed on the same person by several persons, in a concerted manner, at the instigation of one person, 
or successively with the knowledge that the words or behaviours are being repeated’. It also ‘increases the 
penalties for violation of the statute when the conduct is committed using a public online communication 
service or an electronic or digital medium’. 

295  Article 621-1 of the Criminal Code targets sexist or sexual insult (outrage sexiste et sexuel): the act of 

imposing a verbal or non-verbal act with sexual or sexist connotation that either affects the dignity of the 
person because of its degrading and humiliating nature or creates an intimidating, hostile or offensive 
situation. It can lead to fines from EUR 750 to EUR 3 000 or impose rehabilitation training. 

296  Secrétariat d’Etat chargé de l’égalité entre les femmes et les hommes (2017) Vers l’égalité réelle entre les 
femmes et les hommes: Chiffres clés 2017 (Towards real equality between women and men: key figures 
2017), available at: https://issuu.com/ministere-solidarite/docs/chiffres_cl__s_2017_pdf_pour_mise_e. 

297  On average, a woman is killed by her husband or partner every three days in France, L’express 

16 December 2019 https://www.lexpress.fr/actualite/societe/au-moins-122-feminicides-en-2019-un-
chiffre-en-hausse-par-rapport-a-2018_2111451.html. 

298  Act No. 2019-1480 of 28 December 2019 to combat violence in the family (Loi n° 2019-1480 du 28 
décembre 2019 visant à agir contre les violences au sein de la famille); implemented by Decree 
27 May 2020 on restraining orders which has been criticised because it only gives victims 24 hours to 
inform their spouse or ex-partner of the order after which the request for the order expires (Décret n 2020-
636 du 27 mai 2020 portant application des articles 2 et 4 de la loi n° 2019-1480 du 28 décembre 2019 
visant à agir contre les violences au sein de la famille): 
https://www.lemonde.fr/societe/article/2020/06/09/violences-conjugales-les-ordonnances-de-protection-
menacees-par-un-decret_6042245_3224.html. 

299  Decree No. 2020-256 of 13 March 2020 on reporting acts of violence, discrimination and harassment and 

sexist acts in the public sector. 

300  ‘#balancetonporc: “Le bénéfice de la bonne foi doit être reconnu à Sandra Muller”, estime la cour d’appel de 

Paris qui infirme sa condamnation pour diffamation’, Le Monde, 31 March, 2021, 
https://www.lemonde.fr/societe/article/2021/03/31/balancetonporc-sandra-muller-gagne-en-appel-le-
proces-en-diffamation-intente-par-eric-brion_6075159_3224.html.  

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The definition of  sexual harassment still describes it as a hostile  ‘situation’301 and not  a 
hostile ‘environment’ so does not seem to  conform  exactly with the definition  of sexual 
harassment in the directives. This may pose a difficulty for judges who will still see sexual 
harassment  as  only  being  interpersonal  and  not  as  a  form  of  sex  discrimination,  even 
though there was one case in 2017 where the Court of Appeal of Orléans considered sexual 
harassment to relate to the working environment.302  

The case law is evolving to take into account sexist acts as forms of sexual harassment in 
certain sectors like the police,303 the cleaning industry and in trains, for example, where 
female employees are both physically and verbally harassed.304 Cases highlight the fact 
that sexist insults are also prevalent in catering services.305  

There  was  a  case  on  the  proof  of  sexual  harassment,  where  the  court  found  that  the 
confession of the perpetrator of sexual harassment is sufficient to require his dismissal. 306 
There was also an extremely interesting case on moral harassment that could be extended 
to sexual harassment in terms of remedy, where the lack of investigation of the presumed 
acts by the employer constituted prejudicial harm to the claimant.307 An interesting case 
denounces the lack of consent to negotiated termination of the contract of employment 
when it is coerced following acts of sexual harassment.308 

In a recent 2022 case,  the Court of  Cassation  surprisingly cancelled the decision  of the 
Court  of  Appeal  which  condemned  an  employee  for  sexually  harassing  colleagues  in 
violation of the internal company rules on prevention of sexist and sexual comments, which 
the  Supreme  Court  considered  not  to  be  sexual  harassment.  This  decision  came  about 
before the new law which now fortunately includes explicitly sexist comments as sexual 
harassment.309  

3.6.6  Specific difficulties  

Some  of  these  changes,  including  in  the  laws  of  August  2018  are  seen  as 
counterproductive because they just pile up more criminal sanctions related to different 
forms  of  sexual  violence  and  sexism  and  might  create  confusion  or  limit  harsher 
sentencing.  For  example,  street  harassment  is  now  sanctioned  with  a  fine  of  up  to 
EUR 3 000  when  the  law  already  prohibits  sexual  harassment  with  a  harsher 
punishment.310  Sexist  insults  were  already  prohibited  through  labour  law  with  a  fine  of 
EUR 45 000 and a one-year prison sentence.311 Furthermore, as some French academics 
observe, sanctioning street harassment in certain neighbourhoods might serve as a pretext 

301  Article L. 1153-1 of the Labour Code. 
302  Court of Appeal of Orléans, No. 15-02566, 7 February 2017. 
303  Administrative Court of Appeal 15 January 2019, No. 17MA00578. 
304  Labour Court of Paris, 10 November 2017, No. 15-03130: case where the Defender made observations to 

the Court. 

305  Court of Cassation, Social Chamber, 30 January 2019, No. 17-28905. 
306  Court of Cassation, No. 18-12666, 15 May 2019, 

https://www.legifrance.gouv.fr/affichJuriJudi.do?oldAction=rechJuriJudi&idTexte=JURITEXT000038508151&
fastReqId=1125943005&fastPos=1. 

307  Court of Cassation, No. 18-10.551, 27 November 2019. 
308  Court of Cassation, No. 16550, 4 November 2021. 
309  Court of Cassation, 2 February 2022, 19-23345, 1, 

https://www.legifrance.gouv.fr/juri/id/JURITEXT000045133492?page=1&pageSize=10&query=19. 
310  The Criminal Code already prohibits sexual harassment with a similar definition, see supra note 243. 
311  Law of 29 July 1881 on freedom of the press (Loi du 29 juillet 1881 sur la liberté de la presse), Article 32, 

available at: 
https://www.legifrance.gouv.fr/affichTexteArticle.do?idArticle=LEGIARTI000006419738&cidTexte=LEGITEX
T000006070722; see interview with Maude Beckers, ‘Le harcèlement sexuel doit être sanctionné plus 
lourdement’ (Sexual harassment should be more harshly punished), Semaine Sociale Lamy, 
3 December 2018, No. 1839, p. 12. 

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for racial profiling and fining young individuals of foreign origin, instead of enforcing sexual 
harassment law at work or in affluent neighbourhoods.312 

A case, in relation to which the Defender of Rights made recommendations, suggests that 
increasing instances of discriminatory harassment are often linked to the return to work 
after maternity leave.313 

A worrying case came up in 2019 that seems to represent a step back in the investigation 
of  sexual  harassment,  since  it  focuses  on  the  presumed  victim’s  attitude  vis  à  vis  her 
supervisor,  ignoring  the  influence  of  authority  and  power  in  these  circumstances.  The 
Court of Cassation rejected a claim for sexual harassment because the presumed victim 
had, prior to her claim, participated in a seductive game with sex texting,314 ignoring the 
subordinate position of the claimant.  

The definition of sexual harassment is still based on a repetition of acts in cases of hostile 
environment harassment. 

3.7  Instruction to discriminate 

3.7.1  Explicit prohibition 

Instruction to discriminate is explicitly prohibited in French legislation. Article 1 of the 2008 
law states that discrimination includes instructing someone to discriminate. 
One  case  considered  that  there  was  discrimination  when  a  middle  manager  told  an 
employee who wanted a job reassignment to come a week later when her boss was away 
because ‘she did not trust North African women’.315 

3.7.2  Specific difficulties 

There  is  no  specific  difficulty  with  enforcing  this  ban  on  an  instruction  to  discriminate 
except with regard to proving it. This might explain the low number of cases on the issue. 

3.8  Other forms of discrimination 

Discrimination by association or assumed discrimination are not explicitly prohibited, but 
the  list  of  prohibited  grounds  is  long  and  can  be  used  to  prohibit  these  types  of 
discrimination. 

A  lower  court  case  was  litigated  on  the  issue  when  a  trade  union  representative’s  wife 
suffered from retaliation as an employee from the same company and the Court recognised 
implicitly discrimination by association as discrimination based on family situation which 
is itself a ground in France.316 

312  Libération (2017), ‘Contre la pénalisation du harcèlement de rue’ (Against penalisation of street 

harassment), 26 September 2017, available at: https://www.liberation.fr/debats/2017/09/26/contre-la-
penalisation-du-harcelement-de-rue_1599121. 

313  Court of Appeal of Versailles, 27 September 2018, with observations of the Defender of Rights, 

https://juridique.defenseurdesdroits.fr/index.php?lvl=notice_display&id=25507. 

314  Court of Cassation, No. 17-31171, 25 September 2019, 

https://www.legifrance.gouv.fr/affichJuriJudi.do?idTexte=JURITEXT000039188588. 

315  Recognising bias and mistrust in relation to North African women as employees, Court of Cassation, 

No. 10-16.926, 18 January 2012. 

316  Labour Court of Caen, 25 November 2008 with observations of the HALDE (former French equality body), 
https://www.lemonde.fr/idees/article/2008/11/28/ed-condamne-pour-discrimination-par-association-par-
bertrand-bissuel_1124455_3232.html. 

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3.9  Evaluation of implementation 

Direct and indirect sex discrimination seem to be integrated into French law, as the case 
law reveals, and the existing measures cover legislative provisions, collective bargaining 
agreements and employer practices. 

In terms of positive action, it seems that there is a search for a delicate balance in France 
between  the  acceptance  of  certain  forms  of  preferential  treatment  for  disadvantaged 
categories (parity rules through balanced representation of equally qualified individuals) 
and more corrective measures in legislation that imply working on processes to eliminate 
barriers to the inclusion of women (more women as a condition for public contracts).  

Through the Act of 24 December 2021 on accelerating professional and economic equality, 
the  parity  rules  have  been  extended  to  executive  management  positions  and  executive 
committees,  which  will  also  create  the  opportunity  to  enlarge  the  pool  of  available 
candidates for executive boards. 

In  terms  of  enforcement  of  the  parity  rule,  the  Act  of  24  December  2021  accelerating 
professional  and  economic  equality  is  an  attempt  to  build  a  monitoring  system  through 
the requirement for companies who violate the new rules on parity to set progression goals 
in order to mitigate the lack of balanced representation over time. One of the downsides 
of  the  law  is  its  very  slow  implementation:  measures  on  balanced  representation  for 
managers  and  executive  committees  must  be  implemented  by  2026;  the  publication  of 
goals for progression to correct the imbalance in representation must be in place only by 
2030 and penalties for failing to comply only apply from 2031. In other words, real financial 
sanctions  will  be  applicable  10  years  from  now  in  order  to  leave  time  for  companies  to 
comply. This tolerance seems excessive. 

Other evaluation reports have been conducted by researchers317 and the High Council on 
Equality on the implementation of parity rules in the private and public sectors.318 Studies 
on the profile of women on executive boards319 show that they have equivalent degrees 
to  men  but  different  backgrounds  and  ages.  The  latest  studies  seem  to  reveal  that  the 
mandatory  quota  has  worked  relatively  well:  France  is  the  only  country  with  43 %  of 
women  on  executive  boards,320 but  feminisation  of  other  supervisory  positions  is  still 
lacking.321 The High Council on Equality recommendations in 2019 on how to expand the 
scope  of  the  parity  rule  to  other  strategic  positions  in  companies,  to  provide  outside 
monitoring to enforce parity rules and create leverage through financial public support for 
companies  and  start-ups  run  by  women  offer  stimulating  proposals  for  the  future  of 
positive  action  at  the  highest  levels322  and  were  included  in  the  new  law  of  2021  on 
equality. 

317  See: 

http://www.datapressepremium.com/rmdiff/2010544/EtudeObservatoireSkemaDeLaFeminisationDesEntrep
risesVF2.pdf. 

318  See: http://www.haut-conseil-egalite.gouv.fr/IMG/pdf/parite-court-ang_nov-2018-135x210-v2.pdf. 
319  Bender, A.-F., Dang, R., Scotto, M.-J. (2016) ‘Les profils des femmes membres des conseils 

d’administration en France’ (‘Profiles of female board members in France’), Travail, genre et sociétés 
2016/1 No. 35, pp. 67-85. 

320  See: https://www.challenges.fr/femmes/exclusif-les-resultats-du-premier-barometre-de-la-parite-ethics-

boards_588217. 

321  Between 2013 and 2018, the number of women on the boards of directors of SBF 120 companies increased 
by 17.1 %, and their share jumped from 26.2 % to 43.3 %. The prospect of directors’ fees being frozen 
and of new appointments to boards being cancelled, together with naming and shaming in the media, 
played a decisive role. However, while the Cope-Zimmerman law has been able to give the necessary 
impetus within the governance of large French companies, the feminisation of executive committees and 
the top 100 remains insufficient. Since 2013, there have been only 6 and 4 points of progression 
respectively in the CAC 40 (9.5 % to 15.6 % for comex and 15.6 % to 19.5 % in 2017 for the top 100). 
322  High Council on Equality (2019), Women’s access to high-level responsibilities and the leverage of public 

financial intervention, 17 December 2019, p. 4, http://www.haut-conseil-
egalite.gouv.fr/IMG/pdf/synthese_rapport-parite-gouvernance_17122019.pdf. 

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Sexual harassment law has broadened to cover hostile situations and sexism, both as an 
explicit form of discrimination and a form of sexual harassment. Since the law on health 
at work of 2021, the scope has expanded to include separate acts of verbal sexism and 
sexist behaviours committed by several perpetrators separately but that have the same 
repeated  effect  on  the  survivor.  The  multiplication  of  sanctions  adopted  in  2018  in  this 
regard might make the legislative reform more complex to implement but the emphasis 
on  compliance  might  enhance  opportunities  for  prevention  in  the  workplace.  Violence 
against women in France is still a serious challenge as is reflected in the introduction of 
the measures to prevent and combat these acts in 2019.323 

The  Government is planning  to focus  especially on integrating more  women in the tech 
industry.324 

3.10 Remaining issues 

There might be a need to emphasise the fact that sexual harassment in certain industries 
and  collective  forms  of  discrimination  linked  to  collective  bargaining  agreements  that 
ignore  sex  segregation  of  jobs  perpetuate  systemic  gender  discrimination  requiring 
collective action and prevention in the public and private sectors, outside of a general duty 
to bargain regularly on professional equality.325 The platform to fight all discrimination put 
in place by the Defender of Rights helps to uncover gender discrimination in cases of sexual 
harassment326  and  the  amendments  introduced  in  2022  but  still  pending  to  facilitate 
collective redress through NGOs outside of unions might expand access to class actions to 
further eliminate sex discrimination in employment.327 

323  Act No. 2019-1480 of 28 December 2019 to combat violence in the family (Loi n° 2019-1480 du 28 
décembre 2019 visant à agir contre les violences au sein de la famille); implemented by Decree 
27 May 2020 on restraining orders which has been criticised because it only gives victims 24 hours to 
inform their spouse or ex-partner of the order, after which the request for the order expires (Décret n° 
2020-636 du 27 mai 2020 portant application des articles 2 et 4 de la loi n° 2019-1480 du 28 décembre 
2019 visant à agir contre les violences au sein de la famille); 
https://www.lemonde.fr/societe/article/2020/06/09/violences-conjugales-les-ordonnances-de-protection-
menacees-par-un-decret_6042245_3224.html. 

324  See: https://www.gouvernement.fr/actualite/renforcer-legalite-femmes-hommes-les-premieres-annonces-

du-gouvernement. 

325  Mercat-Bruns, M. (2018), ‘Systemic discrimination: rethinking the tools of gender equality’, European 

Equality Law Review, p. 1. 

326  Defender of Rights (2021), ‘The new service for reporting and supporting victims of discrimination from the 
Defender of Rights’, press release, 12 February 2021, https://www.defenseurdesdroits.fr/fr/communique-
de-presse/2021/02/39-28-antidiscriminationsfr-le-nouveau-service-de-signalement-et.  

327  See: https://www.vie-publique.fr/loi/288533-actions-de-groupe-proposition-de-loi-regime-unifie. 

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4 

Equal  pay  and  equal  treatment  at  work  (Article  157  of  the  Treaty  on  the 
Functioning of the European Union (TFEU) and Recast Directive 2006/54)328 

4.1  General (legal) context 

4.1.1  Political and societal debate and pending legislative proposals 

Since 2017 and the President’s plan for equality as a ‘national cause’, there seems to have 
been an explicit effort to enrich the meaning of substantive equality by means of a more 
quantitative evaluation  of corrective measures  in the private  sector, with the  decree on 
the  gender  pay  gap  of  2019  which  was  adopted  to  implement  the  law  of 
5 September 2018.329 Companies330 must publish indicators each year relating to the pay 
gap  between  women  and  men.  When  the  results  obtained  are  under  75  points,  the 
collective  bargaining  negotiations  on  equality  will  focus  on  adequate  and  relevant 
measures to correct the gender pay gap and programme annual or pluri-annual financial 
measures to close it.331 A parallel governmental impetus is introduced in the public sector 
with the Act on the transformation of the civil service presented on 23 March 2019 which 
imposes the development before 31 December 2020 of a plan for equality between women 
and men and measures to close the gender pay gap and promote equal access of women 
and men in the public sector.332 The new Act on accelerating professional and economic 
equality of December 2021 reflects a new step in wage transparency requiring employers 
to  publish  their  wage  indicators  on  the  website  of  the  Ministry  of  Labour  for  example 
instead of only on the company’s website and the Decree of April 2022 gives more detailed 
information on the law’s enforcement.  

4.2  Equal pay 

4.2.1  Implementation in national law 

Article L. 3221-2 of the Labour Code provides for equal pay for men and women ‘for the 
same job or a job of equal value’. 

4.2.2  Definition in national law 

Article  L.  3221-3  of  the  Labour  Code  provides  exactly  the  same  definition  of  pay  as 
Article 157(2)  TFEU.  According  to  the  Labour  Code,  pay  means  the  ordinary  basic  or 
minimum wage or salary and any other consideration, whether in cash or in kind, which 
the worker receives directly or indirectly, in respect of his or her employment, from his or 
her employer. 

328  See on equal pay Burri, S. (2019), National Cases and Good Practices on Equal Pay, European network of 

legal experts in gender equality and non-discrimination, available at: 
https://www.equalitylaw.eu/publications/thematic-reports; see also Foubert, P. (2017), The enforcement of 
the principle of equal pay for equal work or work of equal value: A legal analysis of the situation in the EU 
Member States, Iceland, Liechtenstein and Norway, European network of legal experts in gender equality 
and non-discrimination, available at: https://www.equalitylaw.eu/downloads/4466-the-enforcement-of-the-
principle-of-equal-pay-for-equal-work-or-work-of-equal-value-pdf-840-kb; see on the issue of pay 
transparency: Veldman, A. (2017), Pay transparency in the EU: A legal analysis of the situation in the EU 
Member States, Iceland, Liechtenstein and Norway, European network of legal experts in gender equality 
and non-discrimination, available at: https://www.equalitylaw.eu/downloads/4073-pay-transparency-in-
the-eu-pdf-693-kb. 

329  Act No. 2018-771, 5 September 2018, on the individual’s freedom to choose their future professional life 
(Loi n° 2018-771 du 5 septembre 2018 pour la liberté de choisir son avenir professionnel), available at: 
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000037367660&categorieLien=id. 

330  More than 50 employees. 
331  Article D. 1142-6; Decree No. 2019-15 of 8 January 2019; Guidelines No. 2019/03, Ministry of Labour on 
gender gap measures 25 January 2019 – Instruction, Ministère du Travail available at: http://grand-
est.direccte.gouv.fr/sites/grand-
est.direccte.gouv.fr/IMG/pdf/instr_egalite_professionnelle_25_janv_2019.pdf. 

332  Act No. 2019-828 of 6 August 2019 on the transformation of the civil service (Loi n° 2019-828 du 6 août 

2019 de transformation de la fonction publique). 

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4.2.3  Explicit implementation of Article 4 of Recast Directive 2006/54 

Article  L. 1132-1  of  the  Labour  Code  prohibits  direct  and  indirect  discrimination  on  the 
grounds  of  sex  in  all  aspects  of  employment  and  professional  life,  explicitly  including 
remuneration.  Article  L.  3221-6  of  the  Labour  Code  also  states  that  a  job  classification 
system (grading system) is to be based on rules allowing for the implementation of the 
equal pay principle. 

4.2.4  Related case law 

The application of the principle of equal pay for equal work is challenging and, for various 
reasons, a very limited number of victims actually lodge complaints. 

The Court of Cassation in 1997 was initially faced with an equal pay claim from a female 
mushroom packer comparing her work with more highly paid male packers.333 The Court 
stated that it was clear that female packers were systematically paid less than their male 
counterparts. For the Court of Cassation, men and women were doing equivalent work and 
the employer could not give any objective reasons for paying them differently. 

In 2010, a case illustrated the judicial standard used to assess work of equal value where 
a  female  employee  held  the  position  of  ‘human  resources,  legal  and  office  department 
manager’.334 Following her dismissal, the employee decided to file a claim for back pay on 
the grounds that there had been sexual discrimination against her. The employee provided 
evidence  that  her  salary,  despite  an  equal  classification  and  greater  seniority  than  her 
direct male colleagues, was substantially lower than that of her male colleagues. For the 
French Supreme Court, the functions of the employee and those of her direct colleagues 
were identical as to their hierarchical level,  classification and  responsibilities. Moreover, 
their importance was comparable with regard to the functioning of the company, as each 
of the managerial positions required comparable qualifications and involved a comparable 
level of stress. The French Supreme Court concluded that the employees performed work 
of equal value. 

In  2014,  the  Court  of  Cassation  confirmed  its  position  on  the  equal  value  of  work  in  a 
similar case.335 The decision concerned a female employee who held the position of ‘human 
resources  manager’  and  who  claimed  that  she  was  paid  less  than  male  colleagues  who 
were members of the executive board. The Court of Cassation decided that the decision 
of the Court of Appeal was not well founded because it did not compare the situation of 
the woman to the situation of the men in terms of tasks and responsibilities in its finding 
that the jobs compared were not of equal value.336  

In  a  2020  decision,  the  Court  of  Cassation  again  recalled  the  principle  of  equal  pay  for 
work of equal value in a case where two technical salespeople for hospitals, a man and a 
woman, were in charge of two different operational units and were illegally paid differently 
for work of equal value.337 

In  a  2021  decision,  the  Court  of  Cassation  considered  that,  within  a  unit  of  negotiation 
between branches of separate newspaper companies (unité économique et sociale), it is 
possible to compare pay between employees doing equivalent jobs in each company when 
the  conditions  for  remuneration  are  set  by  a  collective  bargaining  agreement  that  is 
common to all companies outside of the comparison of pay in the same undertaking.338 

333  Judgment of the Court of Cassation of 12 February 1997, No. 95-41694. 
334  Judgment of the Court of Cassation of 6 July 2010, No. 09-40021. 
335  Judgment of the Court of Cassation of 22 October 2014, No. 13-18362. 
336  Judgment of the Court of Cassation of 25 March 2015, No. 14-10149. 
337  Judgment of the Court of Cassation of 8 July 2020, No. 18-23765.  
338  Judgment of the Court of Cassation of 8 September 2021, No. 19-24771. 

53 

 
 
 
 
 
 
 
 
 
 
 
 
Country report - gender equality – France - 2023 

In August 2022, the Defender of Rights published recommendations to access evidence to 
prove discrimination, including for wage discrimination.339 

4.2.5  Permissibility of pay differences 

Pay  differentials  can  only  be  justified  if  the  work  is  not  of  the  same  value.  Therefore, 
judges concentrate on the value of jobs and not really on the justification in the context 
of sex discrimination. Seniority, if it is not already included in a separate bonus, can be a 
justification for a disparity in pay.340 

There has been a very  stimulating case which  justified pay difference  linked to positive 
action for women.341 A male claimant contested that a female colleague who had started 
at the same time as him at the same pay grade should benefit from an increase in pay. 
The Court of Cassation confirmed the court of appeal’s analysis, which justified the pay 
rise  as  compensation  for  the  extra  diplomas  and  additional  experience  that  the  female 
colleague had acquired before being hired for the job and that had in fact not been taken 
into  account.  In  other  words,  for  the  Court  of  Cassation,  the  corrective  (preferential) 
measure  to  compensate  the  wage  disparity  was  justified  and  in  conformity  with  the 
principle of equal pay for work of equal value. 

4.2.6  Requirement for comparators 

For the Court of Cassation, ‘the existence of discrimination does not necessarily imply a 
comparison with other workers’.342 If a judge finds that a decision might amount to sex 
discrimination and there are no men in the company who can be used as comparators, it 
does not represent an obstacle to a finding of discrimination. 

Therefore, there is not really any need for a hypothetical comparator.  

4.2.7  Existence of parameters for establishing the equal value of the work performed 

According to Article L. 3221-4 of the Labour Code, in order to establish the equal value of 
a job, the parameters which could be taken into account are the following: a title, diploma, 
professional  experience,  responsibilities,  physical  or  mental  stress.  This  list  is  not 
exhaustive. For example, a difference in level of diploma acquired in five years for a male 
graphic artist as opposed to two, if it is ‘relevant and useful for certain tasks of the job’ 
can  reflect  the  value  of  the  work  and  justify  a  pay  difference  between  a  woman  and  a 
man.343  

4.2.8  Other relevant rules or policies 

The general obligation of employers to negotiate on equality between women and men is 
mandatory  at  least  every  four  years  when  there  is  a  group  of  union  representatives. 344 
The  frequency  of  this  negotiation  can  be  set  at  a  minimum  every  four  years  by  an 
agreement  at  the  enterprise  level.  If  there  is  no  agreement  on  the  timetable,  the 
negotiation is held every year. The scope of the negotiation must include the gender pay 

339  General framework decision on access to evidence in civil matters of discrimination (Décision-cadre relative 
aux conditions d’accès à la preuve de la discrimination en matière civile) Décision-cadre du Défenseur des 
droits No. 2022-139, 31 August 2022, 
https://juridique.defenseurdesdroits.fr/doc_num.php?explnum_id=21447. 

340  Judgment of the Court of Cassation, Social chamber, 19 December 2007, No. 06-44.795. 
341  Judgment of the Court of Cassation, 6 November 2019, No. 18-13.235. 
342  See, for example Court of Cassation, Social chamber, 12 June 2013, No. 12-14153, 

http://www.legifrance.gouv.fr/. 

343  Judgment of the Court of Cassation, 17 March 2010, No. 08-43088. 
344  A ‘Section syndicale’, Article L. 2242-1, Labour Code, Executive order No. 2017-1385 of 22 September 

2017, Article 7. 

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Country report - gender equality – France - 2023 

gap.345 The financial penalty in the absence of negotiation on equality reflects its binding 
nature.346  

The  Decree  No. 2022-243  of  25  February  2022  relating  to  measures  to  eliminate 
disparities in wages in application of Article 13 of the Law of accelerating professional and 
economic equality explains that both corrective measures targeting disparities must now 
be published on the company website on the same page as the wage index disparity and 
a progress report on attainable goals to eliminate wage disparities over time must now be 
published on the website of the Ministry of Labour on the same page as the wage index 
disparity and available on the company website as long as the goal has not been attained 
and all employees have been informed of the objectives of progression.  

4.2.9  Job evaluation and classification systems 

Article  L.  3221-6  of  the  Labour  Code  states  that  a  job  classification  system  (grading 
system) must be based on rules allowing for the implementation of the equal pay principle.  

According  to  the  decree  of  2019,347  for  companies  with  more  than  250  employees 
(Article D.  1142-2  Labour  Code)  indicators  that  guarantee  more  visibility  on  barriers  to 
promotion  must  be  published,  including:  the  rate  of  disparities  in  promotions  between 
women and men; the percentage of employees who benefited from a pay rise during the 
year of their return from maternity leave if there were increases in pay during their leave 
period;  the  number  of  workers  of  the  under-represented  sex  among  the  10  employees 
who earn the highest wages in the firm. 

Since  the  new  Act  No. 2021-1774  of  24  December  2021  accelerating  professional  and 
economic equality of women and men was adopted to reinforce the obligations in terms of 
transparency and progression that had been established in 2018 and implemented through 
the  decree  of  2019,  companies  with  at  least  50  employees  must  now  publish  all  of  the 
same wage disparity indicators including the rate of disparities in promotions between men 
and women on the website of the Ministry of Labour and on the website of the company. 
For each web platform, these disparities must be on the same page as possible measures 
of correction if the wage indicators are below the authorised level as detailed by the decree 
of 25 February 2022 (Article L. 1142-8 of the Labour Code). 

At the same time, governmental impetus was introduced in the public sector on 23 March 
2019  with  the  Act  on  the  transformation  of  the  civil  service,  which  imposes  a  duty  to 
develop a plan for equality between women and men and measures to close the gender 
pay  gap  and  promote  equal  access  of  women  and  men  in  the  public  sector  before 
31 December 2020.348 

All these measures on disparities in promotions between men and women followed a report 
by the High Council on Equality of Women and Men in Employment focused on direct and 
indirect unequal treatment produced by the grading system in employment. 349 The same 
High Council produced a report in 2019, ‘Older Women in Employment’, which concluded 
that older female workers are often less qualified, in part-time work and do not benefit as 

345  Article L. 2242-1, Labour Code. 
346  Article L. 2242-8, Labour Code. 
347  Decree No. 2019-15 of 8 January 2019; Guidelines No. 2019/03, Ministry of Labour on gender gap 

measures 25 January 2019 – Instruction, Ministère du Travail, available at: http://grand-
est.direccte.gouv.fr/sites/grand-
est.direccte.gouv.fr/IMG/pdf/instr_egalite_professionnelle_25_janv_2019.pdf. 

348  Act No. 2019-828 of 6 August 2019 on the transformation of the civil service (Loi n° 2019-828 du 6 août 

2019 de transformation de la fonction publique). 

349  See: https://www.egalite-femmes-hommes.gouv.fr/guide-du-conseil-superieur-de-legalite-professionnelle-

csep-pour-la-prise-en-compte-de-legalite-entre-les-femmes-et-les-hommes-dans-les-systemes-de-
classification/. 

55 

 
 
 
 
 
 
 
 
 
 
Country report - gender equality – France - 2023 

much from continuing education, which is necessary for promotion and changes in their 
job classification.350  

However, among the younger generations, when they enter the workforce women tend to 
be more qualified than men and there is more of a convergence in terms of professional 
career development because the situation of men has deteriorated.351 

In a 2022 study of the Minister of Equality, women remain the minority (21.3 %) in the 
highest paying jobs.352 

4.2.10 Wage transparency353 

One of the most important measures obliging employers to address the issue of equal pay 
is the information they have to give to workers’ representatives (works councils and trade 
union representatives) on equality.  

The  employer  has  to  record  measures  taken  in  the  company  over  the  previous  year  to 
attain  employment  equality,  and  an  outline  of  the  objectives  for  the  year  ahead.  The 
publication of relevant indicators in the workplace is mandatory according to the law.  

Employers  have  to  provide  information  on  equality  for  annual  wage  negotiations.  They 
have  to  give  month-by-month  data  on  trends  regarding  the  number  of  staff  and  their 
qualifications according to sex, and must state the number of employees on permanent 
contracts,  the  number  of  fixed-term  contracts  and  the  number  of  part-time  employees 
(Article L. 2242-5 of the Labour Code). 

At the first meeting in compliance with the annual obligation for unions and employers to 
negotiate at enterprise level, the employer must provide trade union representatives with 
information that enables them to carry out a comparative analysis of the situation of men 
and women in terms of jobs, qualifications, pay, the hours worked and the organisation of 
working time. The accompanying information must explain the situation reflected in the 
statistics. Companies with fewer than 300 employees can conclude an agreement with the 
State  to  receive  financial  assistance  to  carry  out  a  study  of  their  employment  equality 
situation  and  of  the  measures  they  would  need  to  take  to  ensure  equal  opportunities 
between men and women (Article R. 1143-1 of the Labour Code). 

Since 2015, this ‘economic and social data’ of companies has been uploaded to an online 
platform (BDESE) on the website of the Ministry of Equality, rather than being included in 
a  specific  company  report.  Employee  representatives  now  have  to  find  this  data 
themselves and annually negotiate collective bargaining agreements on the participation 
of women and men in employment within wider negotiations on the quality of life in the 
workplace.354 Such data is less visible in this more general database and the scope of the 
negotiations  on  equality  at  work  is  usually  linked  to  other  issues  relating  to  working 
conditions. 

350  Gresy, B., Milewski, F., Chappert, F. Amouzou, A. (2019), Les femmes seniors dans l’emploi : état des 
lieux, Conseil Supérieur de l’Egalité Professionnelle entre les femmes et les hommes, June 2019, p. 80. 
351  Couppié, T. et Epiphane, D. (2019), ‘Et les femmes devinrent plus diplômées que les hommes’, Céreq Bref 
n°373, March 2019, https://www.cereq.fr/et-les-femmes-devinrent-plus-diplomees-que-les-hommes. 

352  Key numbers towards real gender equality, p. 20, https://www.egalite-femmes-

hommes.gouv.fr/sites/efh/files/2023-
03/Chiffres_cl%C3%A9s_de_l_%C3%A9galit%C3%A9_2021_ed2022_EN.pdf. 

353  See Proposal for a Directive of the European Parliament and of the Council to strengthen the application of 
the principle of equal pay for equal work or work of equal value between men and women through pay 
transparency and enforcement mechanisms, COM/2021/93 final. 

354  Rebsamen Law of 17 August 2015 (Loi n° 2015-994 du 17 August 2015 relative au dialogue social et à 

l'emploi). 

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Country report - gender equality – France - 2023 

President Macron adopted an executive order on the Labour Code reform of 2017,355 which 
concerned the general obligation of employers to negotiate on equality between women 
and men, which is still mandatory at least every four years when there is a group of union 
representatives.356 However, the frequency of this negotiation can be set at a minimum of 
every four years by an agreement at company level. It is only if there is no agreement on 
the timetable that the negotiation is held every year. The scope of the negotiation must 
include  the  gender  pay  gap.357  The  financial  penalty  in  the  absence  of  negotiation  on 
equality reflects its binding nature.358 

New legislation, especially the law of 5 September 2018 and its 2019 decree, sets out new 
obligations on wage transparency for private companies,359 which were further extended 
in  the  Act  of  24  December  2021  on  equality  with  regard  to  collecting  the  statistics 
necessary to monitor the participation of women and men in employment. 

Scope  of  the  law  of  5  September  2018  and  decree  of  8  January  2019  on  wage 
transparency: 

The decree on indicators to close the gender pay gap and monitor the promotion of women 
and men with specific actions might not be sufficiently effective to detect disparities and 
correct  them.360  The  decree  was  adopted  to 
implement  Law  No. 2018-771 of 
5 September 2018361  which  provides  that,  in  companies  with  more  than  50  employees, 
the employer must publish indicators each year relating to the pay gap between women 
and  men  and  the  actions  implemented  to  eliminate  it.  The  decree  also  defines  the 
methodology used to establish the indicators (L. 1142-8 of the Labour Code). 

According  to  the  decree,  the  following  indicators  for  companies  with  more  than  250 
employees (Article D. 1142-2 Labour Code) must be published: 

1) 

2) 

3) 
4) 

5) 

The gender pay gap between women and men, calculated in reference to the average 
pay of women compared to the average pay of men, by age cohorts and categories 
of equivalent jobs.  
The rate of disparities in individual pay rises that do not reflect promotions between 
women and men. 
The rate of disparities in promotions between women and men. 
The percentage of employees who benefited from a pay rise during the year of their 
return from maternity leave if there were increases in pay during their leave period. 
The number of workers of the under-represented sex among the 10 employees who 
earn the highest wages in the firm. 

On point 1), it is useful to look at the gender pay gap according to age cohorts because it 
reveals when exactly in their career women benefit from similar pay to men, to avoid only 
comparing pay according to comparable positions held by men and women, regardless of 
how  much  time  it  took  for  women  to  reach  those  positions.  However,  the  decree  gives 
considerable leeway to employers to determine what constitutes categories of ‘equivalent 
jobs’ (after consulting the works council/CSE, the employer can classify workers according 

355  Executive Order No. 2017-1385 of 22 September 2017 on strengthening collective negotiations 

(Ordonnance n° 2017-1385 du 22 septembre 2017 relative au renforcement de la négociation collective). 

356  A ‘Section syndicale’, Article L. 2242-1, Labour Code, Executive Order No. 2017-1385 of 22 September 

2017, Article 7. 

357  Article L. 2242-1, Labour Code. 
358  Article L. 2242-8, Labour Code. 
359  See: Laufer, J. and Silvera, R. (2017) ‘Des lois à la négociation, quoi de neuf pour l’égalité 

professionnelles’, Travail, genre et sociétés 2017/1 No. 37, pp. 129-171. https://www.cairn.info/revue-
travail-genre-et-societes-2017-1.htm. 

360  Decree No. 2019-15, 8 January 2019 on closing the gender pay gap and combating sexual violence and 

sexism (Décret n° 2019-15 du 8 janvier 2019), 
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000037964765&categorieLien=id.  
361  Chapter IV, Article 104-107, https://www.legifrance.gouv.fr/eli/loi/2018/9/5/MTRX1808061L/jo/texte. 

57 

 
 
 
 
 
 
 
 
 
Country report - gender equality – France - 2023 

to their level, their hierarchical grade linked to job sector classifications or another method 
to rate jobs). 

On point 2), focusing on the ‘rate’ of disparities in individual rises means publishing the 
disparity  in  the  number  of  pay  rises  given  to  women  and  men  but  does  not  reveal  the 
amount of pay actually awarded to both categories. 

On  point  3),  publishing  the  rate  of  disparities  in  promotions  between  women  and  men 
reveals the difference in the amount of promotions awarded and says nothing about the 
nature of the promotions given to men and women. 

On point 4), the percentage of employees who received a pay rise after their maternity 
leave is already a requirement (Article 1225-26 Labour Code). 

On point 5), the number of workers of the under-represented sex among the 10 best-paid 
employees is more of a powerful symbol than a key provision to fight gender pay disparities 
across the board in companies. 

indicators 

The  same 
for  companies  of  between  50  and  250  employees 
(Article D. 1142-2-1)  must  be  published  except  on  the  rate  of  promotions  awarded  to 
women and men. 

It  is  regrettable  that  no  indicators  are  required  for  smaller  companies  (under  50 
employees), since the majority of the job pool is within these companies. For companies 
of between 50 and 250 employees, the same indicators are to be published except one: 
there is no obligation to publish the rate of disparities in promotion between women and 
men. It is problematic to think that the differences in the number of promotions for women 
and men should not be monitored in these medium-sized companies.362  

Under  the  2019  decree  (Article  D. 1142-4),  the  results  of  the  company  in  view  of  the 
indicators are published each year on the company’s website, or in the absence of such a 
website, the indicators are circulated to employees by other means. 

Scope of the Act of 24 December 2021 extending wage transparency: 

Since  the  new  Act  No. 2021-1774  of  24  December  2021  accelerating  professional  and 
economic equality of women and men was adopted to reinforce the obligations in terms of 
transparency and progression that had been established in 2018 and implemented through 
the decree of 2019, companies with at least 50 employees must now publish all of their 
wage disparity indicators on the gender wage gap on the website of the Ministry of Labour 
according to the decree of February 25 2022 (Article L. 1142-8 of the Labour Code). 

If the indicator-based score is lower than the authorised limit (less than 75 out of 100), 
the  employer  must  now,  after  the  required  deadline  of  publication  of  1  March  2022 
(Article 13 of the new Act of 24 December 2021), set and publish a progress report on the 
attainable goals for each indicator (disparities of wages, promotions, rises between women 
and men, rises after maternity leave, number of workers of the under-represented group 
among  the  top  10  best-paid  employees)  (Article L.  1142-9-1  LC).  The  companies  must 
also, following the publication on 1 March 2022, publish the corrective measures targeting 
the disparities linked to the low score of 75 out of 100 or less in the company internally 
(company’s  website  for  example)  and  externally  on  the  Ministry  of  Labour’s  website 
(Article L. 1142-9 LC).363 

362  See EELN Flash report on gender pay gap reform 2019/20, https://www.equalitylaw.eu/downloads/4859-

france-new-decree-on-gender-pay-gap-in-france-pdf-106-kb. 

363  Decree No. 2022-243 of 25 February 2022 on measures to limit wage gap between women and men in 
companies provided in Article 13 of the Law on accelerating economic and professional equality and 
Article 244 of the Law No. 2020-1721 of 29 December 2020, budgetary Law for 2021 (Décret n° 2022-243 

58 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Country report - gender equality – France - 2023 

The decree of 25 February 2022 explains that for the progress report of attainable goals, 
the goals must be reached for each indicator if the total grade obtained on the index is 
inferior to 85 points. So for example, if a company of 100 employees obtains 80 points 
and the detailed results are the following: 35 points out of 40 for the first indicator, 35 out 
of 35 for the second indicator, 0 out of 15 for the third indicator and 10 out of 10 for the 
fourth indicator, the progress report of attainable goals will  only concern indicators with 
disparities: No. 1 and No. 3.364  

The  annual  publication  of  wage  disparity  indicators  for  employers  with  at  least  50 
employees  must  include  all  the  indicators  as  a  legislative  requirement  (Article L. 1142-
8 LC) and not just the former binding obligation stemming from a decree (Article D. 1142-
4 LC:  this  obligation  was  to  publish  indicators  on  company  website  or  other  means  to 
inform workers). The legislative requirement for publication means that such information 
needs  to  be  included  in  the  general  database  on  economic,  social  and  environmental 
information (BDESE). 

According to Article 16 of the new law, public loans to companies (by BPI France) will now 
be  granted  on  the  condition  that  companies  with  at  least  50  employees  respect  the 
obligation to publish wage disparity indicators. 

In the public sector, similar pay gap indicators will soon be required with the new reform 
of the civil service adopted in the summer of 2019.365 

4.2.11 Implementation of the transparency measures set out by European Commission’s 
Recommendation  of  7  March  2014  on  strengthening  the  principle  of  equal  pay 
between men and women  

Most of the recommendations of the European Commission have been adopted by France 
on  wage  transparency  (see  point  4.5.2)  and  go  beyond  the  requirements  of  the  EU 
applying to companies of more than 50 employees since the  new Act No. 2021-1774 of 
24 December 2021 accelerating economic and professional equality. Therefore, there was 
no need to revise the law on this point in order to implement it. 

According to the Commission’s Recommendation, more efforts can be made it seems in 
terms  of  gender-neutral  job  evaluation  and  classification  systems  in  France  included  in 
collective bargaining agreements in job sectors where there is traditionally less of a critical 
mass  of  women  (scientific,  tech,  financial  sectors)  or  where  there  is  a  sex-segregated 
workforce (job sectors where women are in jobs less valued like the care industry) in order 
to fight the gender wage gap through the lens of structural gender discrimination beyond 
transparency.  

4.2.12 Other measures, tools or procedures 

There are now measures to  correct the gender pay gap detected by the new indicators 
(Article  L. 1142-9 Labour Code). First, there is a duty to inform the works  councils and 
engage in negotiations on professional equality. In companies where the results in points 
obtained with regard to the indicators are fewer than 75 points, the collective bargaining 
negotiations  on  equality  will  focus  on  adequate  and  relevant  measures  to  correct  and, 
possibly programme annual or pluri-annual financial measures to close the gender pay gap 

du 25 février 2022 relatif aux mesures visant à supprimer les écarts de rémunération entre les femmes et 
les hommes dans l'entreprise prévues par l'article 13 de la loi visant à accélérer l'égalité économique et 
professionnelle et par l'article 244 de la loi n° 2020-1721 du 29 décembre 2020 de finances pour 2021), 
Article 1 which mentions the Ministry’s website (public). 

364  Decree No. 2022-243 of 25 February 2022, 

https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000045243486?init=true&page=1&query=2021-
1774+&searchField=ALL&tab_selection=all. 

365  Act No. 2019-828 of 6 August 2019 on the transformation of the civil service (Loi n° 2019-828 du 6 août 

2019 de transformation de la fonction publique). 

59 

 
 
 
 
 
 
 
 
 
 
 
Country report - gender equality – France - 2023 

(Article  D. 1142-6).  Works  councils  can  dispose  of  these  indicators.  The  results  are 
presented  by  socio-professional  categories,  levels  or  hierarchical  pay  grades  or  other 
rankings  according  to  jobs.  If  the  indicators  cannot  be  calculated,  the  employer  must 
explain  these  challenges.  In  the  event  that  no  agreement  is  found  on  measures  with 
employee representatives, the employer takes its own measures after consultation with 
the works council. This decision is monitored by the public authorities. 

There  are  also  financial  sanctions  if  the  indicators  reflect  a  certain  level  of  disparity 
(L. 1142-10).  In  companies  of  at  least  50  employees,  if  the  result  of  points  linked  to 
indicators is under 75, the company has three years to comply and limit the pay disparities. 
If the company achieves a result of 75 points before the three years have elapsed then a 
new time limit of three years is awarded to correct the disparities which starts the year 
the  75  points  result  is  published  (Article  D. 1142-8).366  These  financial  measures  have 
been reinforced through the need to publish a progress report within deadlines following 
the new Act No. 2021-1774 of 24 December 2021.367  

The  High  Council  on  Equality  has  created  a  kit  to  work  on  equality  linked  to  job 
classifications on 9 May 2022, which is useful to better evaluate the value of jobs of men 
and women: better understanding job classifications, better negotiating for equality in job 
classifications,  better  understanding 
job 
classifications.368 

increasing  discrimination 

factors 

in 

4.3  Access to work, working conditions and dismissal 

4.3.1  Definition of the scope (Article 14(1) of Recast Directive 2006/54) 

Article 5 of the 2008 law states that the law applies to all private and public bodies.369 
Traditionally, there is no legal definition of a worker. 

The protection of employees from sex discrimination covers every aspect of working life. 
Article  L. 1132-1  of  the  Labour  Code  covers  hiring  practices,  training,  remuneration, 
appointment, promotion, transfer, classification of qualifications, the renewal of contracts, 
redeployment and dismissals. 

4.3.2  Implementation of the exception on occupational activities (Article 14(2) of Recast 

Directive 2006/54) 

Article L. 1142-2 states that the prohibition of discrimination does not apply when the sex 
of  the  worker  constitutes  a  determining  factor  in  employment  and  that  the  objective 
sought is proportionate and the exception is also proportionate. Article R. 1142-1 of the 

366  This encourages companies to introduce measures to comply, postponing the sanction if the pay disparity 
decreases within the three years. However, it can result in companies decreasing their pay disparity once 
every three years to postpone any possible sanction. The decree describes the procedure to sanction the 
company if the three-year time limit is not respected: an agent from the labour inspectorate sends a report 
to the regional director (Article D. 1142-9). The director informs the company it is considering a financial 
sanction within the next two months after the report and the director can take into account justifications for 
the non-compliance and correction of the pay disparity (economic hardship, company restructuring or 
merger or bankruptcy (Article D. 1142-11). The director has two choices: impose a sanction of the 
equivalent of 1 % of the earnings and company profits from the past calendar year based on revenues from 
activities (social security contribution base Article D. 1142-13) or award extra time to comply within a year 
maximum. Public authorities enforce the rules, which avoids the constraints of judicial adjudication. 
However, in view of the possible exemptions to enforcement in cases of economic hardship in the company, 
the sanctions might be less rigorously enforced and this would undercut the binding and dissuasive nature 
of the publication of the indicators and their effect. 

367  See EELN Flash report on new law of 2021 and Decree No. 2022-243 of 25 February 2022, 

https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000045243486?init=true&page=1&query=2021-
1774+&searchField=ALL&tab_selection=all. 

368  Kit for equality in job classifications, https://www.haut-conseil-

egalite.gouv.fr/IMG/pdf/kit_egalite_classification-vf.pdf. 

369  See also Article 1131-1, Labour Code. 

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Labour Code has also defined the types of employment concerned: it only covers actors 
and models. Some other exceptions previously existed on submarines and in some specific 
police forces but these jobs have finally been opened to women.  

4.3.3  Protection  against  the  non-hiring,  non-renewal  of  a  fixed-term  contract,  non-
continuation  of  a  contract  and  dismissal  of  women  connected  to  their  state  of 
pregnancy and/or maternity 

Article L. 1132-1 of the Labour Code provides protection in all these circumstances. 

4.3.4  Implementation  of  the  exception  on  the  protection  for  women  in  relation  to 

pregnancy and maternity (Article 28(1) of Recast Directive 2006/54) 

The exception as such has not been implemented but, of course, it does not impede the 
definition of some specific rules for pregnant women. 

4.3.5  Particular difficulties 

There are no particular difficulties related to the personal or material scope of French law. 

4.3.6  Positive action measures (Article 3 of Recast Directive 2006/54)  

Positive action measures have covered both private and public  sector  employment  with 
variable success. Firstly, these measures have coexisted and have often been derived from 
distinct  laws  and,  secondly,  since  President  Macron’s  plan  designating  equality  as  a 
‘national cause’, legislation promoting corrective measures to attempt to bridge the gender 
pay gap concerns legislative reforms in the private and public sectors simultaneously. 

In the public sector: 

For  a  long  time,  women  in  the  public  sector  were  granted  specific  rights  linked  to  their 
family  responsibilities.  In  1988,  France  was  referred  to  the  CJEU  because  of  special 
benefits offered to women in collective agreements.370 ‘Positive action was not invoked as 
such, the French government merely defended the existence of a compensation measure 
deemed admissible because, France argued, the aim of Directive 76/207/CEE was not to 
transform  gender  relations  in  work  and  family  relations’.371  In  the  Griesmar  case 
(C-366/99),  contrary  to  the  argument  put  forward  by  the  French  Government,  the 
European Court of Justice took the view that the credit granted to civil servants who were 
mothers  could  not  be  authorised  as  being  a  measure  designed  to  help  women  in  their 
career since, being granted on the date of their retirement, it did not provide a remedy for 
the problems which they might encounter in the  course of their professional careers. 372 
Another case subjected to a preliminary ruling concerned enhanced pension benefits for 
child-rearing  for  employees  in  the  public  sector  and  led  to  a  judgment  of  indirect  sex 
discrimination.373  Since  then,  in  2015,  the  French  Council  of  State  approved  a  French 
provision  in  relation  to  the  past,  supporting  its  decision  with  a  quantitative  analysis  of 
inequalities that penalise women’s careers.374  

370  Judgment of 25 October 1988, Commission v. France, C-312/86, ECLI:EU:C:1988:485. 
371  The Court rejected this analysis, see Xenidis, R. and Masse Dessen, H. (2018), ‘Positive action in practice: 
some dos and don’ts in the field of gender equality law’, European Equality Law Review No. 2, p. 40.  
372  The Court concluded that career-related difficulties encountered by mothers could not be resolved by 

means of the service credit at issue in the present case. 

373  CJEU, C-102/14 Leone: civil servants who are the parents of at least three children may opt for early 

retirement with immediate payment of their pension, subject to certain conditions, including having taken a 
career break of at least two consecutive months for each child. 

374  CE Ass., 27 March 2015, M. Quintanel No. 372426 (Council of State Assembly, 27 March 2015 

No. 372426): ‘while noting the divergence from the EU case, the Council of State sought to establish the 
social facts from which the conclusions were to be drawn’, Xenidis, R. & Masse-Dessen, H. (2018), ‘Positive 
action in practice: some dos and don’ts in the field of gender equality law’, European Equality Law Review, 
No. 2, p. 55. 

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Thus,  the  principle  is  that  civil  servants  have  equal  rights  and  general  positive  action 
measures  are  excluded.  Nevertheless,  some  attempts  were  made  by  the  legislator  to 
create some quotas. For example, the law on equal pay passed in 2006 intended to create 
mandatory  quotas  in  different  areas.  But  on  16  March  2006,  the  Constitutional  Council 
invalidated many provisions of this law.375 The mandatory provisions related to access for 
women to deliberative and jurisdictional boards were cancelled. The Council specified that 
the Constitution does not permit restrictive rules grounded on sex and, for that reason, 
refused provisions that imposed predetermined proportions between men and women on 
boards. In short, all incentive provisions were retained, especially those regarding equal 
representation of men and women in courses of initial and continuous vocational training, 
but the Constitutional Council censured all restrictive provisions. With the amendment of 
the Constitution in 2008 of Article 1, the position of the Council changed and the legislator 
is now allowed to adopt laws that promote ‘equal access by women and men to elective 
offices and posts as well as to positions of professional and social responsibility’. 

Moreover,  since  2002,  one  third  of  the  members  of  juries  and  commissions  for  the 
recruitment or promotion of civil servants must be qualified persons of each sex.376 The 
aim of this quota was to allow a  balanced participation of both sexes in these juries. In 
2007, the Council of State stated that the decision of a commission which did not respect 
this  quota  could  not  be  void,  as  the  law  only  defines  an  objective  of  a  balanced 
representation,  and  that  the  criterion  of  gender  cannot  prevail  against  competence  and 
skills.377  

A turning point was the adoption of a law of 2012 regarding public servants in the three 
main  pillars  of  the  civil  service:  the  civil  service  of  the  State,  the  civil  service  of  public 
hospitals and the civil service of local governments.378 The main provision of the law was 
the adoption of quota in the same way as in the private sector.379 The law also required 
that women fill 40 % of high-level civil service posts.380 Other  measures against sexual 
harassment and sexism were adopted in the public sector.381 

The  law  of  2019  on  the  transformation  of  the  French  civil  service382  reaffirms  these 
obligations  in  juries  and  recruitment  commissions  and  attempts  to  facilitate  its 
implementation according to the public sector concerned.383 

375  Constitutional Court, Decision 2006-533 DC of 16 March 2006. 
376  Article 6 bis law of 13 July 1983 on the civil service modified by the Law Génisson of 9 May 2001 then by 

the law of 12 March 2012, see Bui-Xuan, O. (2015) ‘La “représentation équilibrée entre hommes et 
femmes”, une catégorie juridique équivoque’ (‘“Balanced representation of men and women”, an 
ambiguous legal category’), RDP 2015, pp. 431-450; Bui-Xuan, O. (2018) ‘“Représentation équilibrée” et 
“représentation proportionnée” des femmes et des hommes : convergence ou concurrence?’ (‘“Balanced 
representation” and “proportional representation” of women and men: convergence or competition?’), AJFP 
2018, pp. 319-323. 

377  Council of State, 22 June 2007, No. 288206, published in the Recueil Lebon. 
378  Law No. 2012-357 of 12 March 2012 on access to permanent posts and improving employment conditions 
for contract workers in the civil service, on combating discrimination and introducing various provisions 
relating to the civil service (Loi No. 2012-347, 12 mars 2012 relative à l’accès à l’emploi titulaire et à 
l’amélioration des conditions d’emploi des agents contractuels dans la fonction publique, à la lutte contre les 
discriminations et portant diverses dispositions relatives à la fonction publique). 

379  The law required that women fill 40 % of the various board positions of public companies (Article 82 of the 
Law of 2012). This percentage should have been reached by the second renewal of the boards after the 
adoption of the law. All the consultative bodies representing public servants should also have reached this 
percentage by their next renewal (the ‘joint civil service council’ and the councils for each category of the 
civil service: State, local government and hospital). 

380  20 % for the nomination in 2013 and 2014 and 30 % between 2015 and 2017. This means that in 2018, at 

least 40 % of the nominations for high-level civil service workers should be women. 

381  Article 6 bis of the law of 1983 amended by Law No. 2017-86 of 27 January 2017 on equality and 

citizenship. 

382  Act No. 2019-828 of 6 August 2019 on the transformation of the civil service (Loi n° 2019-828 du 6 août 

2019 de transformation de la fonction publique). 

383  Act No. 2019-828 of 6 August 2019 on the transformation of the civil service, Article 80, modifying the law 

of 1983 on the civil service; the idea is to clarify the principle of balanced representation in selection 
committees grouping different provisions of the civil service regulations to improve its application. It also 
facilitates its implementation in different administrations (provisions on rotating presidency between the 

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In the private sector:  

The Labour Code provides that temporary measures in favour of women to promote equal 
opportunities  for  men  and  women,  in  particular  by  removing  existing  inequalities  which 
affect  women’s  opportunities,  are  possible  (Article  L. 1142-4).  This  rule  was  not 
constitutionally  challenged  when  it  was  first  adopted,  certainly  because  there  were  no 
obligations for employers to adopt such measures. Such provisions can be included either 
in  administrative  provisions  regarding  access  to  employment,  vocational  training  or 
promotion, and as regards working conditions and organisation or in extended collective 
agreements at branch level or in an ‘equality plan’.  

The law of 9 May 2001 creates an obligation to negotiate on sex equality. Every year, the 
employer  has  a  duty  to  negotiate  with  trade  unions  in  order  to  define  the  objectives 
concerning equality between men and women in companies and to design the measures 
to  be  implemented  in  order  to  attain  these  objectives.  To  facilitate  the  negotiation,  a 
written report on the comparative situation between men and women in the company must 
be drawn up by the employer. The 2001 Law also recognised a duty to negotiate every 
three years on equality at professional branch level, on the measures to be taken towards 
attaining occupational equality and on catch-up measures intended to remedy inequalities 
which have been ascertained. To improve negotiations, the law adopted on 23 March 2006 
specified that the pay gap must be eliminated before 31 December 2010. 

In the private sector, a law was adopted on 27 January 2011384 in order to improve the 
representation  of  women  on  company  boards.  Firms  must  ensure  that  each  sex  has  at 
least 20 % of board seats within three years and 40 % in six years. The Act No. 2021-1774 
of 24 December 2021 accelerating professional and economic equality of women and men 
extended these parity rules to strategic executive committees and high-level management 
positions.  

4.4  Evaluation of implementation 

The  requirement  of  2018385  to  correct  pay  disparities  when  they  reach  a  certain  cap 
through  collective  bargaining  or  a  personal  initiative  of  the  employer  is  a  positive  step 
towards  closing  the  structural  gap  preventively  and  constructively  before  financial 
sanctions occur.  

However, the 2019 decree on the publication of indicators for companies with more than 
250 employees (Article D. 1142-2 Labour Code) and for companies with between 50 and 
250  employees  (Article  D.  1142-2-1)  reveals  certain  strengths  and  weaknesses  in  the 
legislative  reform  of  equal  pay  monitoring.  The  main  strength  of  the  indicators  is  to 
calculate the average pay of women and men according to age cohorts because it reveals 
exactly when women and men have (dis)similar pay in equivalent jobs. The weaknesses 
of the new law of 2018 and the decree are firstly, the discretionary power of the employers 
who decide which jobs are equivalent. Secondly, employers must reveal the difference in 
the  number  of  promotions  for  men  and  women  (and  only  for  companies  over  250 
employees) but do not have to reveal the nature of the promotions for men and women. 
The law requires the publication of the percentage of employees who benefited from a pay 
rise  after  their  maternity  leave  which  is  already  a  provision  in  the  law  (Article  1225-26 

sexes of selection committees over a period of four sessions of competitions to adjust to the culture of 
certain public professions and levels instead of every session, which compromised its application). 
384  Law No. 2011-103 of 27 January 2011 on the balanced representation of women and men on boards of 

directors and supervisory boards and on gender equality in the workplace (Loi n° 2011-103 du 27 janvier 
2011 relative à la représentation équilibrée des femmes et des hommes au seindes conseils 
d'administration et de surveillance et à l'égalité professionnelle publiée au Journal Officiel du 28 janvier 
2011). 

385  Act No. 2018-771 of 5 September 2018 for the individual’s freedom to choose their future professional life, 

https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000037367660&categorieLien=id. 

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Labour Code). Finally, the need to publish the number of workers of the under-represented 
sex among the 10 best-paid employees is useful but symbolic.386 

Under  the  2019  decree  (Article  D.  1142-4),  the  results  of  the  company  in  view  of  the 
indicators are published each year on the company’s website, or in the absence of such a 
website,  the  indicators  are  circulated  to  employees  by  other  means.  This  is  too  vague 
because it limits effective information for employees if it is somewhere on the website and 
not circulated personally and by default ‘circulation by  other means’  has the  effect that 
the employer can post the results of the indicators in a discrete or confidential location of 
the company and still abide by the law without any naming and shaming impact in and 
outside the firm. 

The  Act  of  2021  on  accelerating  equality  is  focused  on  reinforcing  the  wage  disparity 
indicators, requiring companies both to publish the wage disparity scores on the website 
of the Ministry  of  Labour and in the general database  on social indicators of companies 
(BDESE), which increases the dissuasive effect of the rule by ‘naming and shaming’. This 
is useful even though the BDESE obligation to publish had already been introduced in a 
2019 decree; it was just not in the law. Secondly, the law accelerates the need to correct 
the gender disparity since it requires companies of at least 50 employees with an indicator-
based score lower than the authorised limit (less than 75 out of 100) by 1 March 2022 to 
set and publish a progress report on the attainable goals for each indicator (disparities of 
wages,  promotions,  rises  between  women  and  men,  etc.)  as  specified  in  an  upcoming 
decree (Article L. 1142-9-1 LC).  

4.5  Remaining issues 

A very interesting case arose in 2019387 contesting a positive action measure which applied 
the parity rule to electoral colleges for employee representatives (Article L. 2324-22-1).388 
A union contested both the constitutionality of the conditions of enforcement of the parity 
rule, subsequently confirmed through judicial review,389 and the legality of the cancellation 
by the lower court of an election and a list presented by a union which did not respect the 
parity  rule,  seen  as  an  infringement  on  freedom  of  association  (liberté  syndicale).  The 
Court of Cassation confirmed the cancellation of the election and the union list ‘which did 
not respect the balanced representation of the sexes, citing Article 21 of the EU Charter 
of Fundamental Rights on sex discrimination, Articles 8 and 14 of the ECHR applicable to 
sex discrimination in working conditions and ILO convention No. 111’. The Court recalled 
that the legitimate aim of the parity rule is to ensure a representation of employees which 
reflects  the  reality  of  the  electoral  pool  and  to  promote  effective  equality  between  the 
sexes. Moreover, the Court confirmed that, ‘the intent of the legislator was not to adopt a 
theoretical  parity  rule  but  a  balanced  proportion  of  female  and  male  candidates  of  the 
relevant  electoral  college  in  the  company’.  ‘The  provisions  are  not  a  disproportionate 
infringement  against  freedom  of  association  recognised  by  European  and  international 
texts but constitute a necessary and balanced reconciliation with the fundamental right to 
equality between the sexes.’  

386  See section 4.2 on equal pay for details. 
387  The decision is mentioned because of its importance, Court of Cassation, 13 February 2019, No. 18-17.042. 
388  Act No. 2015-994 of 17 August 2015 on social dialogue and employment (Loi n° 2015-994 du 17 August 
2015 relative au dialogue social et à l'emploi), Article 7. However, labour law reform has since then 
transformed the works councils so abolished this particular article (not the principle of parity), Executive 
order No. 2017-1386 of 22 September 2017, Article 1. 

389  Constitutional Court Decision Nos. 2018-720/721/722/723/724/725/726 QPC of 13 July 2018. 

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5 

Pregnancy,  maternity,  and  leave  related  to  work-life  balance  for  workers 
(Directive 92/85, relevant provisions of Directives 2006/54, and Directive 
2019/1158)390 

5.1  General (legal) context 

5.1.1  Overview of national acts on work-life balance issues 

Generally, the 2017 labour law reform described below affects collective bargaining and 
working time, so it also affects work-life balance.  The global labour law reform  of 2017 
safeguards  the  general  provisions  on  equality  through  four  laws.391  All  four  acts  were 
inserted into Act No. 2018-217 of 29 March 2018.392 

Amendments on paternity leave: 

Article L. 1225-35 Labour Code amended after 1 July 2021 by the Act No. 2020-1576 of 
14 December 2020 on social security financing, Article 73. 

In the public sector, there have been recent reforms on parental leave: 

Act  No. 2019-828 of  6  August  2019  on  the  transformation  of  the  civil  service  with 
provisions  on  equality  between  men  and  women  in  the  public  sector  including  the 
promotion of work-life  balance with improvements to  rights to parental leave. Also, the 
Decree No. 2020-529 of 5 May 2020 amending the provisions on parental leave for civil 
servants and their time for child-rearing harmonises the rights for work-life balance and 
parental rights in the public sector to create common standards with the private sector.393  

Decree No. 2020-528 of 4 May 2020 defining the conditions to create and implement plans 
of  action  for  professional  equality  in  the  civil  service  (Décret  n°  2020-528  du 4  mai 
2020 définissant les modalités d'élaboration et de mise en œuvre des plans d'action relatifs 
à l'égalité professionnelle dans la fonction publique), Decree No. 2020-529 of 5 May 2020 
amending the provisions on parental leave for civil servants and their time for child-rearing 
(Décret n° 2020-529 du 5 mai 2020 modifiant les dispositions relatives au congé parental 
des fonctionnaires et à la disponibilité pour élever un enfant). 

Act No. 2020-692 of 8 June 2020 on the improvement of rights of workers and the support 
of  families  after  the  loss  of  a  child.  From  1  July  2020,  after  the  death  of  their  child, 
employees  and  civil  servants  will  be  awarded  bereavement  leave  of  seven  days,  rather 

390  See Masselot, A. (2018), Family leave: enforcement of the protection against dismissal and unfavourable 
treatment, European network of legal experts in gender equality and non-discrimination, available at: 
https://www.equalitylaw.eu/downloads/4808-family-leave-enforcement-of-the-protection-against-
dismissal-and-unfavourable-treatment-pdf-962-kb and De la Corte Rodríguez, M. (2022), The transposition 
of the Work-Life Balance Directive in EU Members States: A long way ahead, available at: 
https://www.equalitylaw.eu/downloads/5779-the-transposition-of-the-work-life-balance-directive-in-eu-
member-states-a-long-way-ahead. 

391  Act No. 2017-1385 of 22 September 2017 on collective bargaining; Act No. 2017-1386 of 22 September 

2017 on the new organisation of social dialogue; Act No. 2017-1387 of 22 September 2017 on the 
predictability of and securing working relationships; Act No. 2017-1718 of 20 December 2017 modifying the 
previous acts. 

392  As explained below (section 11.6.1) the laws have modified the structure of representative bodies and 

negotiation and modified their competence in many regards. 

393  See generally Decree No. 2020-528 of 4 May 2020 defining the conditions to create and implement plans of 

action for professional equality in the civil service (Décret n° 2020-528 du 4 mai 2020 définissant les 
modalités d'élaboration et de mise en œuvre des plans d'action relatifs à l'égalité professionnelle dans la 
fonction publique), Decree No. 2020-528 of 4 May 2020 defining the conditions to create and implement 
plans of action for professional equality in the civil service; the more specific decrees and acts on aspects of 
work-life balance are: Decree No. 2020-529 of 5 May 2020 amending the provisions on parental leave for 
civil servants and their time for child-rearing (Décret n° 2020-529 du 5 mai 2020 modifiant les dispositions 
relatives au congé parental des fonctionnaires et à la disponibilité pour élever un enfant).  

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than five days, which was previously the case. Supplemental paid leave of eight days will 
be added to the first period of leave.  

In 2019, the following pieces of legislation were enacted:  

Act  No. 2019-828 of  6  August  2019  on  the  transformation  of  the  civil  service  with 
provisions  on  equality  between  men  and  women  in  the  public  sector  including  the 
promotion of work-life balance with improvements to rights to parental leave.394  

Act  No. 2019-1446  of  24  December  2019  on  social  security  financing  of  benefits  for 
persons  caring  for  a  parent  or  loved  one:  financial  support  and  easier  access  to  family 
‘care’ leave.395 

In  the  case  of  the  child’s  hospitalisation  in  an  intensive  care  unit  immediately  after  the 
birth,  the  paternity  leave  is  granted  automatically  and  there  is  no  need  to  request  it, 
according to Act No. 2018-1203 of 22 December 2018 (Article 72). 

- 
- 
- 

- 
- 

- 
- 
- 

- 

Act No. 2018-771 of 5 September 2018, Article 68 on working remotely; 
Act No. 2018-17 of 29 March 2018, Article 11 on remote work; 
Act No. 2018-84 of 13 February 2018 on a mechanism to award rest days for carers 
of people in long-term care or with a disability;396 
Act No. 2016-1088 of 8 August 2016 on work; 
Act No. 2014-873  of 4  August 2014, on  real equality, encouraging fathers to take 
parental leave and supporting single mothers who claim child support;397 
Act No. 2012-347 of 22 March 2012, Article 46 on telework; 
Act No. 2006-396 on equal opportunities of 31 March 2006; 
Act  No. 2005-706  of  27  June  2005  on  childcare  professionals  and  family  care 
professionals; and 
Act No. 89-488 of 10 July 1989 banning sex discrimination in collective bargaining 
agreements at the sectoral and company level. 

5.1.2  Political and societal debate and pending legislative proposals 

The Minister of Equality publishes statistics on work-life balance each year. For example 
in 2022, more than 1 in 4 women worked part-time, compared to less than 1 in 10 men. 
Women mostly work part-time for family reasons. In 50 years, the share of inactive women 
has  fallen  by  76 %,  although  the  presence  of  children  continues  to  make  a  difference 
between women and men (in 2018, 12.1 % (inactive women) compared to 5.5 % (inactive 

394  Decree No. 2020-528 of 4 May 2020 defining the conditions to create and implement plans of action for 
professional equality in the civil service (Décret n° 2020-528 du 4 mai 2020 définissant les modalités 
d'élaboration et de mise en œuvre des plans d'action relatifs à l'égalité professionnelle dans la fonction 
publique), Decree No. 2020-529 of 5 May 2020 amending the provisions on parental leave for civil servants 
and their time for child-rearing (Décret n° 2020-529 du 5 mai 2020 modifiant les dispositions relatives au 
congé parental des fonctionnaires et à la disponibilité pour élever un enfant), Decree No. 2020-528 of 
4 May 2020 defining the conditions to create and implement plans of action for professional equality in the 
civil service; the more specific decrees and acts on aspects of work-life balance are: Decree No. 2020-529 
of 5 May 2020 amending the provisions on parental leave for civil servants and their time for child-rearing 
(Décret n° 2020-529 du 5 mai 2020 modifiant les dispositions relatives au congé parental des 
fonctionnaires et à la disponibilité pour élever un enfant).  

395  Act, No. 2019-1446 24 December 2019 on social security financing of benefit for persons caring for a 

parent or loved one (LOI n° 2019-1446 du 24 décembre 2019 de financement de la sécurité sociale pour 
2020), Article 68 et 69. 

396  Loi créant un dispositif de don de jours de repos non pris au bénéfice des proches aidants de personnes en 

perte d'autonomie ou présentant un handicap, 
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000036596170&categorieLien=id.  

397  Awarding the other parent an incentive to take the parental leave in order to benefit from the entire 

duration of the leave. 

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men) when it used to be in 1968, 51.6 % of inactive women compared to 2.6 % inactive 
men).398 

There are private and public authorities which monitor issues of parenting and family, such 
as  the  public  High  Council  on  Families,  Children  and  the  Elderly399  and  the  private 
Observatory on Parenting and Work-Life Balance in Companies,400 part of the Observatory 
on  Quality  of  Life  at  Work,  which  has  received  signatures  from  750  companies  for  the 
Charter  on  Parenting  in  December  2022.401  These  can  inform  the  authorities  about  the 
challenges that need to be met in terms of the political agenda.  

There are numerous types of leave in France but the principal debate concerns parental 
leave which is not attractive financially and still exposes beneficiaries to an increased risk 
of  discrimination  in  employment.  The  allowance  of  parental  leave  discourages  a  parent 
with a middle to higher income from taking it. The seniority acquired during the parental 
leave (only half of the duration is recognised for acquiring employment rights, except for 
civil  servants  since  a  law  of  2019),  the  absence  of  fines  in  the  case  of  infringement  of 
these  work-life  balance  norms  outside  of  discrimination,  the  absence  of  a  provision  of 
prohibition of discrimination more explicitly in the norms organising all leave and continued 
discriminatory practices following the return (of mostly women) from parental leave are 
all barriers that dissuade men from taking parental leave. The promotion of online work 
during the COVID-19 crisis has not necessarily been easier on women in terms of work-
life balance and has resulted in more of a return to domestic life. This was illustrated in a 
recent study which suggests addressing this through more vigilance concerning domestic 
violence,  creating  a  right  to  disconnect  and  childcare  for  online  workers.402  The 
Government is also thinking of introducing medical leave for miscarriages, especially as a 
result of endometriosis.403 

5.2  Pregnancy and maternity protection404 

5.2.1  Definition in national law (Article 2 of Directive 92/85) 

There is no definition of pregnancy in the law. 

5.2.2  Obligation to inform employer (Article 2 Pregnancy Directive) 

According to Article L. 1225-2, there is no obligation to inform the employer (neither at 
the time of recruitment (even for short-term contracts), nor during employment, except 
just before leaving on maternity leave). However, employees must inform the employer 
in  writing  or  verbally  to  benefit  from  the  legal  and  collective  rights  linked  to  protection 
against dismissal, authorisation of absence for medical examinations without reduction of 
pay or of working time. 

398  Key figures on Equality in 2022 (in English), https://www.egalite-femmes-

hommes.gouv.fr/sites/efh/files/2023-
03/Chiffres_cl%C3%A9s_de_l_%C3%A9galit%C3%A9_2021_ed2022_EN.pdf. 

399  Haut Conseil de la famille, de l’enfance et de l’âge, http://www.hcfea.fr/. 
400  Observatoire sur la parentalité en entreprise et l’équilibre des temps en entreprise/OPE (Observatory on 

parenting and work-life balance in companies), available at: https://www.observatoire-
qvt.com/edito/4777/.  

401  See the signing of new charter on parenting in companies, https://www.observatoire-qvt.com/wp-

content/uploads/2022/12/DOSSIER-DE-PRESSE-SIGNATURE-CHARTE-06122022-version-
definitive_compressed.pdf. 

402  Report on online work and awareness of equality, 23 February 2022, https://www.haut-conseil-

egalite.gouv.fr/IMG/pdf/hce_-_rapport_-
_pour_une_mise_en_oeuvre_soucieuse_de_l_egalite_entre_les_femmes_et_les_hommes-min.pdf. 

403  See: https://www.gouvernement.fr/actualite/renforcer-legalite-femmes-hommes-les-premieres-annonces-

du-gouvernement. 

404  Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the 

safety and health at work of pregnant workers and workers who have recently given birth or are 
breastfeeding (10th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC), OJ L 
348, 28 November 1992. 

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The  principles  are  the  same  as  for  night  work.  The  protection  granted  by  French  law 
complies with the requirements of the Directive. 

5.2.3  Case law on the definition of a pregnant worker, a worker who has recently given 

birth and/or a worker who is breastfeeding 

There is no case law on the definition of a pregnant worker, a worker who has recently 
given birth and/or a worker who is breastfeeding. 

5.2.4  Implementation of protective measures (Articles 4-6 of Directive 92/85) 

Article  L. 1225-7  of  the  Labour  Code  states  that  a  pregnant  woman  can  be  temporarily 
assigned  to  another  job  if  this  is  necessary.  Article  L. 1225-9  of  the  Labour  Code  also 
provides that a pregnant woman can be asked to work during the day during her pregnancy 
and after her maternity leave. She has to be transferred to day work if the company doctor 
states that night work is incompatible with her pregnancy. This protection can be extended 
after her maternity leave when required and for a maximum of one month. This change 
cannot  have  any  consequences  for  her  pay.  According  to  Article  L. 1225-6,  if  such  a 
transfer is not possible, the employer must inform the woman and the company doctor of 
this and the reasons why it is not possible to  transfer her. In this  case, the contract of 
employment  is  suspended  with  no  modification  to  her  remuneration.  Article  L. 1225-12 
also provides for specific protection in the case of exposure to specific risks. 

Article L. 1222-9 of the Labour Code provides that a collective bargaining agreement or 
an internal rule on online work  must detail in what conditions pregnant workers have a 
right to work online.405 

5.2.5  Case law on issues addressed in Articles 4 and 5 of Directive 92/85 

The Court of Cassation specified that, when a job reassignment is required, the employer 
must  pay  the  employee  during  the  transition  period  between  the  regular  job  and  the 
reassigned position.406 

5.2.6  Prohibition of night work (Article 7 of Directive 92/85) 

When a pregnant employee or an employee having just given birth works at night under 
the  conditions  provided  by  Law  No. 2016-1088  of  8  August  2016,  the  employee  is 
reassigned  at  her  request  to  a  day  job  with  no  decrease  in  pay  (Article  1225-9).  A 
reassignment to a job in another undertaking requires her consent.  

5.2.7  Case law on the prohibition of night work 

There is no case law on night work. 

5.2.8  Prohibition of dismissal (Article 10(1) of Directive 92/85) 

Article L. 1225-4 of the Labour Code prohibits the dismissal of an employee when she has 
been medically certified as being pregnant, during the maternity leave and 10 weeks after 
the  leave  which  includes  annual  leave.  The  dismissal  will  also  be  null  and  void  if  the 
employee  sends  a  certificate  indicating  her  pregnancy  in  the  two  weeks  following  the 
notification  of  her  dismissal.  The  prohibition  on  dismissing  a  pregnant  employee  also 
applies  during  maternity 
the  birth 
(Article L. 1225-4-1). A dismissal is only possible in the case of gross misconduct which is 
not  connected  to  her  condition  or  if  the  employer  cannot  maintain  the  contract  of 

the  10  weeks  after 

leave  and  during 

405  Amendment introduced by Art. 5 Act No. 20211-1774 of 24 December 2021 accelerating economic and 

professional equality. 

406  Court of Cassation, No. 94-44833, 17 December 1997. 

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employment for a reason not connected to her condition. In any case, the dismissal cannot 
be notified during periods of suspension of the contract of employment. Thus an employee 
cannot be made redundant during maternity leave.  

Article 81 of the new Act No. 2019-828 of 6 August 2019 on the transformation of the civil 
service, amending Article 6 of Act No. 83-634 of 13 July 1983 on the rights and obligations 
of civil servants, adds pregnancy as a specific ground of discrimination for public sector 
employees. 

5.2.9  Redundancy and payment during maternity leave 

During  her  maternity  leave,  the  worker  is  entitled  to  maternity  benefits  subject  to  the 
condition  that  she  has  been  registered  with  the  social  security  system  for  at  least  10 
months on the estimated date of delivery (Article L. 331-3 of the Social Security Code). 
The  amount  of  the  maternity  benefit  is  calculated  on  the  basis  of  the  average  salary 
received over the last three months. 

In  the  public  sector,  the  one-day  waiting  period  before  payment  during  sick  leave 
introduced by Act No. 2017-1837 on the 2018 budget407 for public sector employees no 
longer applies to pregnant women if they have informed their employer. 

Since  a  dismissal  cannot  take  effect  or  be  notified  during  periods  of  suspension  of  the 
contract of employment, an employee cannot be made redundant during maternity leave 
(Article L. 1225-4). 

5.2.10 Employer’s  obligation  to  substantiate  a  dismissal  in  writing  (Article  10(2)  of 

Directive 92/85) 

According  to  the  general  and  procedural  rules  on  dismissal,  the  employer  is  obliged  to 
indicate  in  writing  the  grounds  for  the  dismissal  in  the  letter  notifying  the  employee  of 
their dismissal (Article L. 1232-2). 

5.2.11 Case law on the protection against dismissal 

The Court of Cassation decided in 2017 that an undocumented employee of foreign origin 
does  not  benefit  from  the  protection  offered  to  pregnant  women,  which  consists  of 
forbidding  dismissal  during  pregnancy,  maternity  leave  and  10  weeks  upon  return  to 
employment,  except  in  cases  of  gross  misconduct  by  the  employee  not  related  to 
pregnancy or maternity (Articles L. 1225-4 and L. 1225-4-1, Labour Code).408 

The Court of Cassation qualifies as gross misconduct by an employee justifying dismissal 
when  the  employee  does  not  voluntarily  follow  instructions.409  It  does  not  count  as 
adequate  justification  if  the  employer  claims  they  cannot  maintain  the  contract  of 
employment  for  a  reason  not  connected  to  her  condition  when  that  reason  is  given  as 
economic reasons, according to the Court of Cassation.410 However, if the company goes 
bankrupt,  that  is  sufficient  to  prove  the  impossibility  of  maintaining  the  contract  of 
employment.411  

The Court of Cassation has considered that the modification of an employee’s contract and 
her dismissal because  of in vitro fertilisation treatment  constitutes discrimination based 
on health status and not pregnancy discrimination.412 This recalls the ECJ Mayr decision of 

407  See : LOI n° 2017-1837 du 30 décembre 2017 de finances pour 2018.  
408  Court of Cassation, No. 15-27928, 15 March 2017. 
409  Court of Cassation, No. 11-11193, 10 May 2012. 
410  Court of Cassation, No. 08-44626, 6 January 2010. 
411  Court of Cassation, No. 11-17420, 26 September 2012. 
412  Court of Cassation, No.16-28511, 27 July 2018. 

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2008,413 which was based on Articles 2(1) and 5(1) of Council Directive 76/207/EEC. These 
provisions preclude the dismissal  of a  female  worker  who is  at  an advanced stage  of in 
vitro fertilisation  treatment  and  the  dismissal  is  based  on  the  fact  that  the  woman  has 
undergone the treatment. However, the ECJ adds that the Pregnancy Directive 92/85/EEC 
and its protection against dismissal of pregnant workers in Article 10(1) does not extend 
to a woman who is dismissed where, on the date she was given notice of her dismissal, 
her egg had been fertilised in vitro, but not yet transferred to her uterus.  

The permanent replacement of an employee during her maternity leave is considered by 
the Court of Cassation as a preparatory measure in view of her dismissal even when it is 
announced  after  her  maternity  leave.  The  dismissal  is  then  null  and  void.414  This  case 
resembles  the  ECJ  Paquay  case  applying  Article  10(1)  of  Directive  92/82/EEC415  which 
bans dismissal of pregnant workers. The provision covers a decision to dismiss a pregnant 
employee  taken  at  different  stages  before  the  end  of  the  period  of  protection  against 
dismissal, as indicated in different job notices with information for candidates about their 
career prospects for a  period  extending after the maternity leave.  This decision applied 
Article 10 of Directive 92/85/EEC. 

The Court of Cassation has clarified that if, at the date of introduction of a claim for breach 
of  contract  because  of  a  violation  by  the  employer,  the  employee  did  not  inform  the 
employer of her pregnancy, the breach that is decided by the judge has the effect of an 
unjust dismissal and not the effect of a dismissal which is null and void. The difference is 
that the complainant cannot, in this case, request reinstatement, she will only be awarded 
damages.416 

The Court of Cassation, citing Directive 92/85, considered that when an employer, during 
the  maternity  leave  of  an  employee,  simply  collects  evidence  of  dysfunction  in  the 
company that concerns the employee, it is not in violation of Article 1225-4 of the Labour 
Code, which prohibits taking any measure in preparation for dismissal during the maternity 
leave.417 

An extremely important decision by the Court of Cassation confirms that when the victim 
of  pregnancy  discrimination  and  dismissal  is  awarded  full  compensation  because  the 
decision is null and void, the employer cannot deduct any social benefits received between 
the time of dismissal and the time of judgment.418 

Finally,  more  and  more  litigation  is  based  on  insufficient  remedies  for  pregnancy 
discrimination  after  dismissal  and  declaring  termination  null  and  void.  However,  in  one 
more recent case, the Court of Cassation has denied the need for extra damages declaring 
that the Court of Appeal had already taken into account the loss of employment as the 
justification for remedies after dismissal of a pregnant worker.419 

413  ECJ, 26 February 2008, Mayr, Case C-506/06, ECLI:EU:C:2008:119. 
414  Court of Cassation, No. 08-43299, 15 September 2010, see also Court of Cassation, No. 15-26250, 

1 February 2017. 

415  ECJ, 11 October 2007, Paquay, C-460/06, ECLI:EU:C:2007:601. 
416  Court of Cassation, No. 15-29330, 28 November 2018. 
417  Court of Cassation, No. 18-20909, 16 November 2019.  
418  Court of Cassation, No. 18-21862, 29 January 2020. 
419  Court of Cassation, No. 21-16400, 28 September 2022. 

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5.2.12 Protection against dismissal during pregnancy and maternity leave 

Table 2: Protection against dismissal during pregnancy and maternity leave 

Yes/no  Protected period 

Exceptions 

Yes 

Upon medically certified 
declaration of pregnancy 
to employer, during 
maternity leave and 10 
weeks after periods of 
leave including annual 
leave taken. 

Gross misconduct which is 
not connected to her 
condition or if the 
employer cannot maintain 
the contract of 
employment for a reason 
not connected to her 
condition. 

Specific 
procedure? 
Employee sends a 
medical certificate 
indicating her 
pregnancy even 
within the two 
weeks following the 
notification of her 
dismissal. 

5.3  Maternity leave 

5.3.1  Length (Article 8 of Directive 92/85) 

The  period  of  maternity  leave  is  6  weeks  before  the  estimated  date  of  delivery  and  10 
weeks  thereafter  (Article  L. 1225-17);  the  same  provisions  apply  to  civil  servants 
(Article 34 of the 1984 Act, No. 84-16). 

5.3.2  Obligatory maternity leave 

The obligatory period of maternity leave is eight weeks, with a minimum of six weeks after 
the birth (L1225-29 of the Labour Code). 

5.3.3  Legal protection of employment rights (Article 11(1) of Directive 92/85) 

According to Articles L. 1225-7, L. 1225-9, L. 1225-10 and L. 1225-13, in the case of the 
suspension of a contract of employment or a change of job during a woman’s pregnancy, 
her pay should be maintained. 

In addition, the Act No. 2021-1774 of 24 December 2021 on accelerating professional and 
economic equality of women and men introduces the obligation to negotiate on the right 
to  online  work  for  pregnant  workers.  Article  5  of  the  new  law  requires  that  a  collective 
bargaining  agreement  on  online  work  or  an  internal  rule  on  the  issue  adopted  by  the 
employer  must  include  a  provision  allowing  and  organising  online  work  for  pregnant 
employees (Article L. 1229-9 LC). 

5.3.4  Legal protection of rights ensured from the employment contract (Article 11(2) of 

Directive 92/85)  

During pregnancy, Articles L. 1225-7, L. 1225-9, L. 1225-10 and L. 1225-13 of the Labour 
Code ensure the employment rights of the pregnant woman. During her maternity leave, 
the  worker  is  entitled  to  maternity  benefits  subject  to  the  condition  that  she  has  been 
registered under the social security system for at least 10 months on the estimated date 
of  delivery  (Article  L. 331-3  of  the  Social  Security  Code).  The  amount  of  the  maternity 
benefit is calculated on the basis of the average salary received over the last three months. 
Many collective agreements nevertheless provide that the worker receives full pay during 
maternity leave. Her pay must be increased after her maternity leave in order to follow 
any general increases received by individual co-workers of the same category during the 
period of the employee’s leave. In general, the worker is also entitled to all the advantages 
which have occurred during her leave to which she would have been entitled if she had 

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not taken maternity leave. She is entitled to normal paid leave and to the normal rights 
to vocational training as if she had not been absent. 

5.3.5  Level of pay or allowance (Article 11(3) of Directive 92/85)  

The allowance during pregnancy is higher than the allowance in the case of sick leave, as 
the amount of the maternity benefit is based on the average salary (with a ceiling). Thus 
the maternity allowance leave is 100 % of the average pay of the woman concerned up to 
a ceiling of EUR 89.03 per day. 

Many  collective  agreements  provide  that  the  worker  receives  full  pay  during  maternity 
leave.  In  this  case,  pay  is  paid  directly  by  the  employer  to  the  worker,  and  the  social 
security system reimburses the employer. For example, an Air France agreement provides 
for the difference in pay between the amount of social security maternity benefit and the 
normal pay if the employee has one year of seniority in the firm and provides proof of the 
social security payment.420 

5.3.6  Conditions for eligibility (Article 11(4) of Directive 92/85) 

In  order  to  be  eligible  for  benefits,  pregnant  women  must  be  registered  with  the  social 
security system for at least 10 months on their estimated date of delivery and have worked 
for at least 150 hours during the last 3 months before the beginning of the pregnancy or 
have paid social contributions on pay of at least 120 times the minimum hourly wage (R. 
313-2 et seq. of the Social Security Code). 

5.3.7  Right to return to the same or an equivalent job (Article 15 of Directive 2006/54) 

According to Article L. 1225-25 of the Labour Code the employee has the right to return 
to the same or similar job after maternity leave with at least an equivalent remuneration. 
Pay must also be increased after the maternity leave in order to correspond to any general 
increases received by individual co-workers in the same category during the period of the 
employee’s leave. In general, the worker is also entitled to all the advantages which have 
occurred  during  her  leave  that  she  would  have  been  entitled  to  if  she  had  not  taken 
maternity leave. She is entitled to normal paid leave and to the normal rights to vocational 
training as if she had not been absent. 

According to Article L. 1225-26, in the absence of a collective bargaining agreement on 
guarantees in terms of pay increases during the maternity leave and after the leave, pay 
is increased according to the average general pay increases and the average increase of 
the individual rises paid to employees in the same professional category during the leave 
or just the average of individual rises. The Court of Cassation recently applied this rule in 
a 2018 case, rejecting the possibility for the employer to compensate for the difference in 
pay with an exceptional bonus.421  

5.3.8  Legal right to share maternity leave 

There is no legal right to share maternity leave. 

5.3.9  Case law 

During her maternity leave, the employee has the right to average pay equivalent to an 
earlier  reference  period,  except  e.g.  for  a  bonus  linked  to  a  specific  duty  to  collaborate 
with foreign employees to transfer French knowledge, according to the Court of Cassation 

420  Article 3235, Air France Agreement for employees, https://www.sud--

aerien.org/IMG/pdf/Convention_PS_Titre_4_Remuneration.pdf. 

421  Court of Cassation, No. 16-25323, 14 February 2018. 

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in 2018 which cites Article 11, paragraph 2 of Directive 92/85/EEC.422 This case recalls a 
similar  limit  to  the  right  to  equivalent  pay  in  the  case  of  an  allowance  for  on-call  duty, 
which was not given in the ECJ Gassmayr decision.423 

The right to return to the same or a similar job as a manager can justify the termination 
of a contract which has the effect of an unfair dismissal.424  

In 2019, the Court of Cassation mentioned that the refusal to return an employee to the 
equivalent job after maternity leave followed by parental leave qualified as indirect  sex 
discrimination.425 The Court of Cassation struck down a decision of the Court of Appeal of 
Lyon that should have considered whether, since a considerably higher number of women 
than men take parental leave, the employer’s decision in violation of the Labour Code to 
refuse to re-employ a female worker in her initial position after her parental leave, giving 
her administrative tasks, constituted indirect discrimination based on  sex and if  so, if it 
could be objectively justified. The Court’s decision qualifies this as indirect discrimination 
since it is mostly women who choose to go on parental leave, often after maternity leave 
– without requiring specific statistics on the number of women affected.426 

5.3.10 Table on Maternity leave 

Table 3 Maternity leave: 

Duration 

Obligatory 
period 

Possibility to 
share 
maternity 
leave? 

Payment or 
allowance 

Eight weeks, 
with a 
minimum of six 
weeks after the 
birth 

Eight weeks, 
with a 
minimum of six 
weeks after the 
birth 

No 

5.4  Adoption leave 

5.4.1  Existence of adoption leave in national law 

100 % of 
average pay 

Right to 
return after 
the end of 
maternity 
leave 
Yes 

Adoption  leave  is  10  weeks,  or  22  weeks  for  the  adoption  of  more  than  one  child 
(Article L. 1225-37  of  the  Labour  Code).  The  allowance  is  the  same  as  in  the  case  of 
maternity leave and the conditions are the same. 

422  Court of Cassation, No. 17-11618, 19 September 2018. 
423  ECJ 1 July 2010, Gassmayr, C-194/08, ECLI:EU:C:2010:386. 
424  Court of Cassation, No. 08-40338, 3 February 2010. 
425  Court of Cassation, No. 18-15682, 14 November 2019.  
426  Court of Cassation, Social chamber, 14 November 2019, No. 18-15682, 

https://www.courdecassation.fr/jurisprudence_2/arrets_publies_2986/chambre_sociale_3168/2019_9139/n
ovembre_9548/1567_14_43913.html. 

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Moreover, the law introduced in June 2020 awarding 8 days of paid bereavement leave for 
families who have lost a child under 25 years old or a person under their care of the same 
age,427 which is awarded in addition to the paid leave for the death of a child, applies to 
adopted children.428 

5.4.2  Protection against dismissal (Article 16 of Directive 2006/54) 

According to Article L. 1225-38, the parents have the same protection against dismissal 
as women on maternity leave and they also have the same right to return to the same or 
a similar job (L. 1225-43). The same rules also apply to pay. The parent is to benefit from 
any improvement in working conditions to which she or he would have been entitled during 
her or his absence. 

5.4.3  Case law 

The Court of Cassation considered the case of the wife of a male employee who adopted 
two children and was refused maternity benefits because she had renounced her right to 
social security. The Court ruled that it was not sex discrimination within the meaning of 
Article 9 of Directive 2006/54/EC, since the Directive applies to professional social security 
schemes and not statutory regimes.429 

The  Defender  of  Rights  has  also  targeted  several  instances  of  freezes  in  performance 
ratings during maternity leave in the state healthcare sector430 and challenges faced by 
workers  in  the  entertainment  sector  in  obtaining  paid  maternity  leave  because  of  the 
difficulty of calculating the number of hours of work in irregular work schedules.431 

The Court of Cassation also recently rejected a claim of discrimination in a case where a 
financial  bonus  for  cooperation  with  foreign  teams  of  workers  at  another  branch  of  the 
company was not awarded to a woman because of her absence due to maternity leave. 
The Court considered the employee did not participate in the activities required to benefit 
from the bonus.432  

5.5  Leave in relation to surrogacy 

5.5.1  Prohibition of surrogacy 

Article  16-7  of  the  Civil  Code  prohibits  any  surrogacy  contract,  which  means  such  a 
contract would be null and void. 

5.5.2  Leave in relation to surrogacy 

Not applicable. 

427  Act No. 2020-692 of 8 June 2020 on the improvement of rights of workers and the support of families after 

the loss of a child (Loi n° 2020-692 du 8 juin 2020 visant à améliorer les droits des travailleurs et 
l'accompagnement des familles après le décès d'un enfant; Décret n° 2020-1233 du 8 octobre 2020 
précisant les modalités de fractionnement du congé institué par la loi visant à améliorer les droits des 
travailleurs et l'accompagnement des familles après le décès d'un enfant): from 1 July 2020, after the 
death of their child, employees and civil servants will benefit from a bereavement leave of seven days, 
rather than five days as was previously the case. Supplemental paid leave of 8 days will be added to the 
first period of leave. 

428  Article L. 3142-1 Labour Code and new Article L. 3142-4 Labour Code which extends to 5 (death of a child) 

or 7 days minimum (child under 25) and when the child regardless of his/her age was a parent (amended 
by Law No. 2020-692 of 8 June 2020). 

429  Court of Cassation, No. 12-35005, 9 October 2014. 
430  Defender of Rights, https://juridique.defenseurdesdroits.fr/doc_num.php?explnum_id=17640. 
431  Defender of Rights, https://juridique.defenseurdesdroits.fr/index.php?lvl=notice_display&id=25801. 
432  Court of Cassation, 19 September 2018, No. 17-11.618. 

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5.5.3  Case law on leave in relation to surrogacy 

Not applicable. 

5.6  Transposition of the Work-Life Balance Directive 2019/1158 in general433 

5.6.1  Transposition of the Work-Life Balance Directive (WLB) by 1 January 2023 

In 2022, amendments were drafted by the  Government in the spring to conform to the 
new Directive but needed the right bill to introduce the changes in the legislature which 
happened only after 1 January.434  

5.6.2  Short description of child-related leave 

In France, there is maternity leave, paternity leave, parental and adoption leave as well 
as carers’ leave for children, parents and persons under one’s legal personal guardianship.  

5.7  Paternity leave 

5.7.1  Paternity leave in national law (Article 16 Recast Directive and Article 3(a) and 4 

WLB Directive)  

Since 2001, paternity leave has been recognised for all fathers who are employees and for 
civil servants. Since 2013, this leave can also be taken by the mother’s spouse (even if he 
is not the father) or her partner. This leave is now called ‘paternity leave and settling-in 
leave’ (Article L. 1225-35 of the Labour Code). Since the introduction of an amendment in 
2020, Article L. 1225-35 of the Labour Code extends the paid paternity leave from 11 (or 
18 if multiple births) to 25 calendar days (or 32 days for multiple births), effective from 
21  July  2021.435  There  are  two  distinct  periods:  4  calendar  days  that  have  to  be  taken 
right after the birth of the child and a period of 21 calendar days that have to be taken in 
the first 6 months following the birth of the child.436 

5.7.2  Paid paternity leave (Article 8(1) and (2) WLB) 

The leave is awarded regardless of length of service and the type of contract437 (except to 
get the allowance the requirement is to have worked at least 150 hours in the course of 
the  last  3  months  preceding  the  leave  or  having  contributed  on  the  basis  of  a  salary 
amounting to EUR 10 403, EUR 75 in the 6 months before the birth). 

5.7.3  Protection against unfavourable treatment and dismissal (Article 16 of the Recast 

Directive) 

The beneficiary of state paternity leave cannot be dismissed during the leave except if the 
person were to commit a serious error or the contract cannot be maintained for reasons 
that have no link with the leave (same exceptions as for maternity leave). After paternity 
leave, the worker has the right to return to the same job or, if this is not possible, to an 

433  De la Corte Rodríguez, M. (2022), The transposition of the Work-Life Balance Directive in EU Member 

States: A long way ahead, available at: https://www.equalitylaw.eu/downloads/5779-the-transposition-of-
the-work-life-balance-directive-in-eu-member-states-a-long-way-ahead. 

434  The adjustments that had to be made in French law to transpose the Work-Life Balance Directive of 

2019/1158 were introduced in Article 18 of the Act No. 2023-171 of 9 March 2023 covering adjustments in 
EU law in the fields of economics, health, work, transport and agriculture (Loi n° 2023-171 du 9 mars 2023 
portant diverses dispositions d'adaptation au droit de l'Union européenne dans les domaines de l'économie, 
de la santé, du travail, des transports et de l'agriculture), 
https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000047281777. 

435  Article L. 1225-35 Labour Code amended after 1 July 2021 by the Act No. 2020-1576 of 14 December 2020 

on social security financing, Article 73. 

436  D. 1225-8 of the Labor Code (decree n°2021-574 du 10 mai 2021 - art. 1). 
437  Article L. 331-8, Social Security Code. 

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equivalent or similar job, where the same advantages apply as before (Article L. 1225-36 
of the Labour Code).438 
5.7.4  Case law 

The postponement of the paternity leave and its subsequent payment by the social security 
fund (CPAM) is only possible in two cases: the hospitalisation of the child or the death of 
the mother (and in no other circumstance).439 

5.7.5  Table on paternity leave 

Table 4: Paternity leave 

Who is entitled?  Duration  Possibility 

to share 
paternity 
leave? 
No 

25 
calendar 
days 

All fathers who are 
employees as well 
as civil servants. 
Since 2013, this 
leave can also be 
taken by the 
mother’s spouse 
(even if he is not 
the father) or her 
partner. 

5.8  Parental leave 

Payment 
or 
allowance 

Qualifying 
conditions for 
allowance 

Yes 

Have worked at least 
150 hours in the 
course of the last 3 
months preceding the 
leave or having 
contributed on the 
basis of a salary 
totalling EUR 10 403, 
EUR 75 for the 6 
months before the 
birth). 

5.8.1  Implementation  of  Directive  2019/1158  (Articles  3,  5,  8,  20(1)  and  20(2)  WLB 

Directive) 

Parental leave applies in the cases of childbirth and adoption and is the period off work 
granted  to  both  parents  to  take  care  of  their  child  until  a  given  age  (up  to  the  age  of 
eight)440 to be defined at national level. Member States are to ensure a right to parental 
leave of at least four months for each parent, two of which cannot be transferred between 
the parents (Article 5). At least during the two non-transferable months for each parent 
an adequate payment or an allowance must be received (Article 8(3) and Recital 31). 

438  The new Article L. 1225-35-2 of the Labour Code introduced in the transposing law of 2023 confirms that 
the paternity and settling-in leave is assimilated to a period of effective work for the determination of any 
rights linked to seniority and the worker safeguards all advantages acquired before the leave, Article 18 of 
the Act No. 2023-171 of 9 March 2023 covering adjustments in EU law in the fields of economics, health, 
work, transport and agriculture (Loi n° 2023-171 du 9 mars 2023 portant diverses dispositions d'adaptation 
au droit de l'Union européenne dans les domaines de l'économie, de la santé, du travail, des transports et 
de l'agriculture), https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000047281777. 

439  Court of Cassation No. 08-19510, 10 November 2009. 
440  The expression ‘up to the age of 8’ does not seem to set a maximum age of the child for Member States. 
On the contrary, in line with the minimum standards nature of the Directive, Member States seem to be 
free to set a higher age, such as 12 or 18 years old. In this case, 8 years old would be a mere 
recommendation. 

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5.8.2  Parental leave in national law (Article 5(1) and (4) WLB Directive) 

The terminology is the same as the Directive. It just adds parental leave ‘for education’.441 

Its  initial  duration  is  one  year  maximum.  But  instead  of  specifying  calendar  days  (only 
paternity leave mentions it), it seems that this period is in working days like other leave 
(sick and maternity leave) and no detail is found on the nature of the days.442 It can be 
extended  twice  until  the  third  birthday  of  the  child.  In  the  event  of  multiple  births,  the 
parental leave is  extended until the children’s  admission to  day care.  If there are three 
simultaneous births or adoptions, the parental leave can be extended five times until the 
sixth birthday. In the case of the adoption of a child of less than three years old, the leave 
expires three years after the arrival of the child. If the adopted child is more than  three 
years old but is not old enough to be freed from mandatory schooling, the duration of the 
leave cannot exceed one year after the child’s arrival. 

All workers who are parents are entitled to parental leave (if they have been working for 
a  year)  after  the  maternity  leave  or  adoption  leave  if  the  child  is  under  16  (mandatory 
schooling lifted).443  

In the public sector, Act No. 2019-828 of 6 August 2019 on the transformation of the civil 
service  and  Decree  No. 2020-529  of  5  May  2020  amending  the  provisions  on  parental 
leave for civil servants and their time for child-rearing, improve the situation of parents 
who take the leave by preserving their right to career advancement for the subsequent 
five years. This five-year period will be assimilated to effective work. 

5.8.3  Individual nature of the right to parental leave and transferability (Article 5(2) WLB 

Directive) 

Parental leave is an individual  labour  right for  both parents to a period of  leave for the 
whole duration that the employer must respect but with a limited allowance. The parental 
leave  is  not  remunerated  by  the  employer.  The  social  security  system  provides  for  an 
allowance  during  some  of  the  period  of  parental  leave.  The  childcare  allowance  called 
PREPARE  (prestation  partagée  d’éducation)  is  available  to  parents  who  choose  to  take 
partial or full leave for three years. The PREPARE is paid for six months for a family’s first 
child. This PREPARE is paid for a further six months for a family’s first child if the other 
parent  takes  this  extension  of  the  parental  leave.  Thus,  a  period  of  one  year  of  paid 
parental leave is recognised for the first child if both parents share parental leave. For two 
or more children, each parent can benefit from the PREPARE for two years until the third 
birthday of the youngest child and within a maximum of three years. To benefit from the 
whole allowance for three years, it must be shared. So the leave is an individual right (it 
can be taken by one parent for six months) and it becomes a family right for the following 
six months since it continues to be allocated if the other parent takes it. For the care of 
more children, again, it is an individual right for a parent for two years and it becomes a 
family right for the third year if the other parent takes it. So for the first child, the right to 
paid leave is non-transferable after the first six months following the birth. 

5.8.4  Period of notice (Article 5(3) WLB Directive) 

France has established a period of notice of two months to exercise the right but the notice 
is only one month if the leave starts right after the maternity leave.444 The worker’s request 
must specify the intended beginning and end of the period of leave.445 

441  Article L. 1225-47 Labour Code.  
442  Article L. 1225-48 Labour Code. 
443  Article L. 1225-47 Labour Code. 
444  Article L. 1225-50 Labour Code.  
445  Article L. 1225-50 Labour Code.  

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5.8.5  Postponement of parental leave (Article 5(5) WLB Directive) 

There is no possibility of postponement. If the employer does postpone the starting date 
of the parental leave, the employee can go directly to the Labour Court to exercise his/her 
right.446 

5.8.6  Forms of parental leave (Article 5(6) and (7) WLB Directive) 

In France, a worker can take part-time parental leave. It is an absolute right to take part-
time parental leave just as long as the time worked is not less than 16 hours a week. 447 
In the case of the adoption of a child of less than three years old, the leave expires three 
years after the arrival of the child. If the adopted child is more than three years old but is 
not old enough to be freed from mandatory schooling, the duration of the leave cannot 
exceed one year after the child’s arrival.448 

5.8.7  Special rules and exceptional conditions for parents of children with a disability or 

long-term illness (Article 5(8) WLB Directive) 

In  the  case  of  illness,  serious  accident  or  disability  of  the  child,  the  parental  leave  is 
extended an extra year maximum.449 

5.8.8  Paid parental leave (Article 8(1) and (3) WLB Directive) 

The allowance is a flat rate. The social security system provides for an allowance during 
some of the period of parental leave. The childcare allowance called PREPARE is available 
to parents who choose to take partial or full leave during the first three years of the child’s 
life. The PREPARE is paid for six months for a family’s first child. This PREPARE is paid for 
an additional six months for a family’s first child if the other parent takes this extension of 
the parental leave. Thus, a period of one year of paid parental leave is recognised for the 
first child if both parents share parental leave. For two or more children, each parent can 
benefit from the PREPARE for two years until the third birthday of the youngest child and 
within a maximum of three years if the other parent takes the remaining year. 

Parents  of  at  least  three  children  who  take  full-time  leave  to  care  for  them  may  opt  to 
receive the extended PREPARE depending on their income. The extended PREPARE pays a 
higher rate (EUR 663.58 per month) than the PREPARE, for each parent for eight months 
until the first birthday of the youngest child and is needs based. 

Recital  31  of  the  WLB  Directive  asks  that  Member  States  should  set  the  payment  or 
allowance for the minimum non-transferable period of parental leave at an adequate level 
in  order  to  ensure  that  it  is  sufficiently  well  remunerated  for  first  earners  to  be  able  to 
make use of it. The compensation provided under the French system is not adequate for 
higher breadwinners, who are mostly men. Statistics show that more than 90 % of persons 
on parental leave in France are women (see ECJ case of Praxair).450  

The leave is for residents and foreigners with residence permits, and there is a requirement 
to have worked at least  one  year for the  first  child (or  eight trimesters) in the last two 
years or in the last four years for the second child and in the last five years for the third 
child and others following.451 

446  Article L. 1225-47 and Article L. 1225-50 Labour Code. 
447  Article L. 1225-47 Labour Code. 
448  Article L. 1225-48 Labour Code. 
449  Article L. 1225-49 Labour Code and Article R. 1225-12 Labour Code.  
450  CJEU 8 May 2019 Case C-486/18. Praxair, ECLI:EU:C:2019:379. 
451  Article L. 531-4 of the Social Security Code. 

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5.8.9  Case law 

There  are  no  special  arrangements  for  small  firms  but  the  Court  of  Cassation  confirms 
that, as long as the employee has acquired one year of seniority at work at the birth of 
the  child  or  the  arrival  of  the  adopted  child,  they  have  the  right  to  parental  leave, 
regardless of the size of the enterprise and even if the employee is a domestic worker.452  

5.8.10 Table on parental leave 

Table 5: Parental leave 

Duration and 
period 

Its initial 
duration is one 
year maximum. 
Two to three 
years for two or 
more children, 
plus an 
extension of one 
extra year in the 
case of illness, 
serious accident 
or disability of 
the child. 

Possibility to 
share 
parental 
leave? 

Yes 
With one 
child: six 
months if one 
parent, 
one year if 
shared with 
second 
parent; 
two or more 
children: two 
years for one 
parent and 
three years if 
second parent 
takes third 
year  

5.9  Carers’ leave 

Flexibility 
(e.g. full-
time, part-
time, 
piecemeal)? 
Yes, can be 
full- or part-
time 

Payment or 
allowance? 

Qualifying 
conditions for 
payment or 
allowance? 

Yes 

All workers who 
are parents are 
entitled to the 
parental leave (if 
they have been 
working for a year 
for the same 
employer) after the 
maternity leave or 
adoption leave if 
the child is under 
16 (mandatory 
schooling lifted) 

5.9.1  Carers’  (or  care)  leave  in  national  law  (Articles  3(1)(c),  (d)  and  (e)  and  6  WLB 

Directive) 

There  is  no  common  wording.  The  leave  is  either  for  a  sick  child  or  for  a  ‘closer  family 
carer’ (proche aidant), meaning you take care of a close family member. 

There is short-term carers’ leave which provides unpaid leave to care for a sick child 
(three to five days a year)453 and three types of longer leave: 1) unpaid leave for a child 
under the age of 20 with a serious sickness or disability or serious accident (310 working 
days within a maximum of 3 years) (parental presence child carer leave); 2) a period of 
leave for three months (renewable) to care for a child, parent, ancestor, descendant and 
person living in the house at the end of their life (carers’ leave for family solidarity of 
terminally ill); and 3) a period of leave of three months (renewable) to care for a person 
in need of long-term care or with a disability (significant loss of autonomy): 
spouse/partner, child, a parent/uncle, aunt, brother, sister, older person and person with 
disability in the house (leave for close relative or resident/congé proche aidant).454  

452  Court of Cassation, No. 01-43456, 19 November 2003. 
453  Article L. 1225-61 of the Labour Code.  
454  Act No. 2016-1088 of 8 August 2016 on social dialogue, Article 9 changed the name of the leave to carer 

leave (congé de proche aidant) instead of family support leave (congé de soutien familial). There has been 

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5.9.2  Payment or allowance 

No  payment  is  provided  for  leave  to  care  for  a  sick  child  (three  to  five  days  a  year, 
Art. L. 1225-61 Labour Code). The leave for parental presence of 310 working days within 
3 years is also unpaid for a child under the age of 20 with a serious sickness or disability 
(but a stipend from social security is possible).  

Carer leave for family solidarity for a period of leave of three months to care for a child or 
parent at the end of life (terminally ill) is unpaid but a stipend can be given.455 Finally, a 
period of care of three months for a person in need of long-term care or with a disability 
(loss of autonomy/congé proche aidant) benefits from financial support. Financial support 
has been added and access to this family ‘care’ leave has been made easier following the 
adoption  of  Act  No. 2019-1446  of  24  December  2019  on  social  security  financing  of 
benefits for persons caring for a parent or loved one (LOI n° 2019-1446 du 24 décembre 
2019 de financement de la sécurité sociale pour 2020), Articles 68 and 69. 

Indeed, Article 68 of Act No. 2019-1446 of 24 December 2019 introduces an allowance for 
the  carer  (employee,  civil  servant,  independent  worker,  unemployed  person)  for  three 
months over their career.456 

5.9.3  Case law  

There is no applicable case law. 

5.9.4  Table on carers’ leave 

Table 6: Carers’ leave 

Purpose(s) of 
leave 

Maximum 
period of 
leave 

Compensation?  Beneficiaries 

Other 
relevant 
information 

(persons 
taken care 
of) 
1) Sick child 

1) Leave to care 

1) Three to 

1)  Unpaid 

for a sick child  

five days a 
year 

2) 310 

2) Unpaid by 

2) A child 

working 
days within 
3 years 
max (but 
for each 
child in that 
situation)  

employer but 
social security 
stipend is 
possible 

under 20 
with 
serious 
sickness or 
disability 
or serious 
accident  

2) Unpaid leave 
for a child 
under the age 
of 20 with a 
serious sickness 
or disability or 
serious accident 
(310 working 
days within a 
maximum of 3 
years) (called 
parental 

added financial support and easier access to this family ‘care’ leave following the adoption of Act No. 2019-
1446 of 24 December 2019 on social security financing of benefits for persons caring for a parent or loved 
one (LOI n° 2019-1446 du 24 décembre 2019 de financement de la sécurité sociale pour 2020), Articles 68 
and 69. 

455  See: https://www.service-public.fr/particuliers/vosdroits/F706. 
456  The allowance is given by the national family fund (social security, EUR 43 per day for a person in a couple 
and EUR 52 for a single person, 3 months maximum in a career) called allocation journalière du proche 
aide. A Decree should be adopted soon to detail the maximum allowance given in a month. See also 
Article 381-1 of the Social Security Code. 

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Country report - gender equality – France - 2023 

presence child 
carer leave) 

3) Leave to care 
for a child, 
parent and 
person living in 
the house at 
the end of their 
life (carers’ 
leave for family 
solidarity of 
terminally ill); 

3) Three 

months 
renewable 

3)  Unpaid by 
social 
security but a 
stipend can 
be given 

3) A child, 

parent and 
person 
living in the 
house at 
the end of 
their life 
(carers’ 
leave for 
family 
solidarity of 
terminally 
ill); 

4) A period of 

4) Three 

4)  Financial 

4) A child, 

months 
(renewable) 

leave of three 
months 
(renewable) to 
care for a 
person in need 
of long-term 
care or with a 
disability 
(significant loss 
of autonomy): 
spouse/partner, 
child, a 
parent/uncle, 
aunt, brother, 
sister, older 
person and 
person with 
disability in the 
house (leave 
for close 
relative or 
resident/congé 
proche aidant) 

parent and 
person 
living in the 
house at 
the end of 
their life 

support 
exists and 
increased 
(Act 
No. 2019-
1446 of 24 
December 
2019 on 
social 
security 
financing of 
benefit for 
persons 
caring for a 
parent or 
loved one) in 
2019 (LOI n° 
2019-1446 
du 24 
décembre 
2019 de 
financement 
de la sécurité 
sociale pour 
2020), 
Articles 68 
and 69. 

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5.10 Time off for force majeure 

5.10.1 Time off for force majeure (Article 7 WLB Directive) 

Force majeure bereavement leave is provided in Articles L. 3142-1, L. 3142-2, L. 3142-4, 
L. 3314-5, and L. 3324-6 of the Labour Code and Articles L. 223-1 and L. 623-1 of the 
Social Security Code. A bill was introduced in 2019 to improve paid bereavement leave for 
families who have lost a child, which was finally adopted by the Senate in 2020.457 The 
law was adopted in June 2020 for 8 days of paid bereavement leave for families who have 
lost a child under 25 years old or a person under their care of the same age,458 which is in 
addition  to  the  paid  leave  for  the  death  of  a  child.459  Beneficiaries  can  take  15  days  of 
leave but the financial support has been reduced to 5 rather than 7 days in the event of 
the death of a child under 25 or for the death of a child regardless of his/her age who is 
herself/himself a parent. 

In  addition,  there  is  also  carers’  leave  for  children  under  the  age  of  20  which  was 
mentioned above under section 5.9, which applies to disability or illness, but also in cases 
of serious accidents (Article L. 1225-62 of the Labour Code). This leave can be taken for 
310 days over 3 years.  

Also there is a general right in the case of a family event or death (which includes news 
about a disability of a child (Articles L. 3142-1 No. 5 of Labour Code)): two days after the 
news of disability of a child or the death.460 

This two-day leave is also extended now after the news of a chronic pathology or cancer 
of a child (law of 17 December 2021).461  

5.10.2 Case law 

There is no applicable case law. 

457  Amended Bill No. 2729 to improve the rights of workers and support to families after the loss of a child; the 
Bill has been adopted by the Senate and the final version is being compiled (Proposition de loi, modifiée par 
le Sénat, visant à améliorer les droits des travailleurs et l’accompagnement des familles après le décès d’un 
enfant , n° 2729 rectifié), 3 March 2020, http://www.assemblee-
nationale.fr/dyn/15/dossiers/conge_de_deuil_enfant_mineur. 

458  Act No. 2020-692 of 8 June 2020 on the improvement of rights of workers and the support of families after 
the loss of a child. From 1 July 2020, after the death of their child, employees and civil servants will be 
awarded bereavement leave of seven days, rather than five days, which was previously the case. 
Supplemental paid leave of eight days will be added to the first period of leave.  

459  Article L. 3142-1 Labour Code and new Article L. 3142-4 Labour Code which extends to 5 (death of a child) 

or 7 days minimum (child under 25) and when the child regardless of his/her age was a parent (amended 
by Law No. 2020-692 of 8 June 2020). 

460  See: https://travail-emploi.gouv.fr/droit-du-travail/les-absences-pour-maladie-et-conges-pour-
evenements-familiaux/article/les-conges-pour-evenements-familiaux-et-le-conge-de-deuil. 

461  LOI n° 2021-1678 du 17 décembre 2021 visant à l'accompagnement des enfants atteints de pathologie 

chronique ou de cancer, https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000044513764. 

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5.10.3 Table on time off for force majeure 

Table 7: Time off for force majeure 

Purpose of time off  Maximum period of 

Compensation?  Other 

time off 

relevant 
information 

Bereavement 

15 days 

Partially 

Article L. 3142-1-1 
Labour Code just adds 
death of a child under 
25 years of age or 
includes a person 
under 25 who is 
‘permanently and 
effectively under 
her/his care’.  
Leave for news of 
disability or cancer. 

For the leave for news of 
disability or cancer (two 
days) the duration is in 
working days except 
Sundays.  

For the carer leave in the 
case of serious accident of 
a child under 20, 310 
calendar days. 

Eight calendar days of 
paid bereavement leave 
for families who have lost 
a child under 25 years old 
or a person under their 
care of the same age,462 
which is in addition to the 
paid leave for the death of 
a child.463 

5.11 Flexible working time arrangements (FWA) 

The  Labour  Code  recognises  the  relative  right  for  a  worker  to  work  part-time 
(Article L. 3123-2  of  the  Labour  Code).  The  right  should  preferably  be  organised  by  a 
collective agreement (Article L. 3123-17 of the Labour Code), but in the absence of any 
such agreement the law prescribes the procedure to be followed (Article L. 3123-26 of the 
Labour Code and Article D. 3123-3). This right is recognised for every worker without any 
specific  condition  being  attached.  The  employee  concerned  initiates  the  procedure  by 
informing the employer in writing of their wish to transfer to  a part-time job, stating in 
that letter the desired working hours and the date envisaged for their introduction. The 
letter of request must be sent at least six months in advance. The employer is required to 
reply within three months and can refuse such a request on two grounds: either because 
no  comparable  job  exists  in  the  company,  or  because  they  can  demonstrate  that  the 
transfer  requested  will  have  harmful  consequences  for  production  and  the  company’s 

462  Act No. 2020-692 of 8 June 2020 on the improvement of rights of workers and the support of families after 
the loss of a child. From 1 July 2020, after the death of their child, employees and civil servants will be 
awarded bereavement leave of seven days, rather than five days, which was previously the case. 
Supplemental paid leave of eight days is added to the first period of leave for the death of a child under 25 
or an older person under 25 years of age which is under his/hers regular and effective care (Art. L. 3142-1-
1 Labour Code): Sans préjudice du 4° de l'article L. 3142-1, en cas de décès de son enfant âgé de moins de 
vingt-cinq ans ou d'une personne âgée de moins de vingt-cinq ans à sa charge effective et permanente, le 
salarié a droit, sur justification, à un congé de deuil de huit jours qui peuvent être fractionnés dans des 
conditions prévues par décret. Le salarié informe l'employeur vingt-quatre heures au moins avant le début 
de chaque période d'absence. « Le congé de deuil peut être pris dans un délai d'un an à compter du décès 
de l'enfant. » 

463  Article L. 3142-1 Labour Code and new Article L. 3142-4 Labour Code which extends to five (death of a 

child) or seven days minimum (child under 25) and when the child regardless of his/her age was a parent 
(amended by Law No. 2020-692 of 8 June 2020). 

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satisfactory operation. The decision of an employer to refuse the request can be challenged 
in court, but there have been no known decisions by the Court of Cassation on this issue. 
It is difficult to ascertain whether or not this right is actually being used by workers.  

This  right  is  also  recognised  for  public  servants  and  seems  to  be  less  relative.  Public 
servants can ask to work part-time and the administration can only refuse if such a refusal 
is  based  on  the  needs  of  the  service;  a  refusal  can  be  challenged  before  a  joint 
administrative committee (Article 24, Law No. 84-16). 

Workers  can  also  request  annualised  part-time  hours  (Article  L. 3123-2  of  the  Labour 
Code). On the basis of their family commitments, employees can request a reduction in 
their working hours in the form of a leave of absence for one or more weeks. This offers 
employees with dependent children, for example, the opportunity to reduce their working 
time to correspond with the dates of the school year. 

French law does not provide workers with a legal right to adjust working time patterns on 
request; however, collective agreements could provide some specific rights. 

French law does not provide workers with a legal right to work from home or remotely on 
request but organises its use by companies (Article L. 1222-9). Since the Executive Order 
No. 2017-1387 of 22 September 2017 that reforms the Labour Code, employers do not 
have to incur the costs directly linked to remote work. However, with Act No. 2018-771 of 
5  September  2018,  Article  68,  employers  have  to  justify  their  refusal  to  grant  the 
possibility  of  remote  work  to  workers  with  disabilities.  Moreover,  Article  11  of  Act 
No. 2018-17 of 29 March 2018, ratifying the Macron labour law reform through executive 
orders,464  extends  the  possibility  of  working  remotely  occasionally,  from  home  for 
example. A 2019 national governmental study shows that increased remote working (at 
least three days a week) is more often chosen by women with young children.465 Since the 
COVID-19  pandemic,  a  new  national  collective  agreement  on  the  implementation  of 
remote  work  has  been  signed  which  explicitly  states  that  equality  between  men  and 
women  must  be  respected  in  implementing  remote  work,  especially  in  terms  of 
promotion.466 

464  See section 1.2 above: Act No. 2017-1385 of 22 September 2017 on collective bargaining (mentioned in 

the introduction to the national report), see compilation of reform in Law No. 2018-217 of 29 March 2018. 

465  DARES, Quels sont les salariés concernés par le télétravail?, p. 2 https://dares.travail-

emploi.gouv.fr/IMG/pdf/dares_analyses_salaries_teletravail.pdf. 

466  National collective bargaining on telework of 26 November 2020, especially Article 4.34, for carers and on 

equality Article 4.4.1: https://www.legifrance.gouv.fr/conv_coll/id/KALITEXT000043562007.  

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In  addition,  the  Law  No. 2021-1774  of  24  December  2021  on  accelerating  professional 
and economic equality of women and men inserts the obligation to negotiate on the right 
to  online  work  for  pregnant  workers.  Article  5  of  the  new  law  requires  that  a  collective 
bargaining  agreement  on  online  work  or  an  internal  rule  on  the  issue  adopted  by  the 
employer include a provision allowing and organising online work for pregnant employees 
(Art. L. 1229-9 Labour Code). 

5.11.1 Right to adjust working patterns (Article 3(1)(f) and 9 WLB Directive) 

French law does not provide workers with a legal right to adjust working time patterns on 
request; however, collective agreements could provide some specific rights. 

5.11.2 Relative right (Article 9(2) WLB Directive) to FWA 

Workers  can  also  request  annualised  part-time  hours  (Article  L. 3123-2  of  the  Labour 
Code). On the basis of their family commitments, employees can request a reduction in 
their working hours in the form of a leave of absence for one or more weeks. This offers 
employees with dependent children, for example, the opportunity to reduce their working 
time to correspond with the dates of the school year. These are relative rights.  

5.11.3 Absolute right to FWA 

There are no absolute rights to FWA under French law.  

5.11.4 Duration (Article 9(1) and (3) WLB Directive) of FWA 

A  reduction  of  working  hours  can  be  requested.  The  employer  can  generally  limit  FWA 
either because no comparable job exists in the company, or because they can demonstrate 
that  the  transfer  requested  will  have  harmful  consequences  for  production  and  the 
company’s satisfactory operation. 

5.11.5 Other legal rights to FWA 

There is a legal right to FWA, such as arrangements by which workers can ‘bank’ hours to 
take  time  off  in  the  future  (compte  épargne  temps).  According  to  Articles  L. 3151-1  to 
L. 3151-4 and Articles L. 3152-1 to L. 3152-4 of the Labour Code, the time bank account 
allows employees to accumulate rights to paid leave (including parental leave) or benefit 
from a payment in exchange of leave not taken or sums due. The conditions to  acquire 
these rights are established through collective bargaining agreements.  

Collective bargaining agreements which have to be negotiated on issues of equality and 
quality of life at work can also take into account work-life balance linked to working time 
flexibility,  also  including  increases  in  pay  for  paternity,  maternity  or  adoption  leave, 
increases in the duration of paternity leave, provisions developing flexible working time 
arrangements at the beginning or end of the working day, more options for voluntary part-
time work and developing in-house day care.467  

5.11.6 Case law  

There is no specific case law. 

467  Executive Order 2017-1385, 22 September 2017, Articles 7, 2242-1, 2242-2 and 2242-3 of the Labour 

Code on collective bargaining. 

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5.11.7 Table on flexible working arrangements (FWA) 

Table  8:  FWA,  including  remote  working  arrangements,  flexible  working  schedules,  or 
reduced working hours 

Right to 
adjust 
working 
patterns 
Yes 

Workers 
entitled 

Absolute 
or relative 
right 

Limited duration and 
right to return to the 
original pattern 

Qualifying 
conditions 

All 

Relative 
right 

No specific duration or 
specific right and 
discretionary power of 
employer depending on 
work organisation 

Depends on 
company’s work 
organisation  

5.12 Legal protection provisions in the Work-Life Balance Directive 2019/1158 

5.12.1 Maintenance of rights acquired or in the process of being acquired by the worker 

(Article 10(1) WLB Directive) 

Since the law  of 9 March 2023,468 Article  L. 1225-54 of the Labour  Code is amended to 
transpose the  Directive: when an employee limits  his  or her  worktime because of part-
time parental leave, the duration of the parental leave is assimilated to a period of effective 
work including the rights stemming from this. 

So the rights acquired or in the process of being acquired by the worker on the date on 
which parental leave starts are maintained as they continue to apply until the end of the 
parental leave. 

During parental leave, workers are still covered by the social security system for healthcare 
and maternity. 

5.12.2 Right to return to the same or an equivalent job (Article 10(2) WLB Directive) 

After parental leave, the worker has the right to return to the same job or, if this is not 
possible, to an equivalent or similar job, where the same advantages apply as before. They 
also  have  the  right  to  training  if  working  techniques  or  methods  have  changed.  The 
employer should offer the possibility of a special interview after the period of leave in order 
to discuss the worker’s career path. 

In the public sector, Act No. 2019-828 of 6 August 2019 on the transformation of the civil 
service  and  Decree  No. 2020-529  of  5  May  2020  amending  the  provisions  on  parental 
leave for civil servants and their time for child-rearing, improve the situation of parents 
who take the leave by preserving their right to career  advancement for the subsequent 
five years. This five-year period will be assimilated to effective work. 

5.12.3 Status of employment or employment relationship (Article 10(3) WLB Directive) 

The contract of employment is suspended during the period of the parental leave. 

This is why the Act No. 2021-1774 of 24 December 2021 on accelerating professional and 
economic equality of women and men has included a right to training for parents benefiting 
from an allowance during the period of their parental leave. According to the agreement 
between  the  National  Family  Allowance  Fund  (CAF)  and  the  National  Employment  Fund 

468  LOI n° 2023-171 du 9 mars 2023 portant diverses dispositions d'adaptation au droit de l'Union européenne 

dans les domaines de l'économie, de la santé, du travail, des transports et de l'agriculture, 
https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000047281777. 

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(Pôle  Emploi),  which  provides  access  to  training  for  the  beneficiaries  of  the  childcare 
allowance (the PREPARE) during parental leave, the National Employment Fund will have 
to provide access to training for two years to those parents prior to their re-entry in the 
workforce and must monitor implementation (Article L. 531-4-1 Social Security Code). 

The  right  to  professional  training  during  parental  leave  is  a  step  in  the  right  direction 
towards limiting barriers for re-entry into the workforce after a long period of time away 
from  employment.  However,  it  remains  essential  for  the  allowance  to  be  increased  and 
the period of leave reduced so that more men in France take up the right (currently, more 
than 90 % of beneficiaries are women). 

5.12.4 Prohibition of discrimination (Article 11 WLB Directive) 

All types of leave specify that the worker’s contract is suspended during the leave except 
in  exceptional  circumstances  linked  to  the  worker’s  unacceptable  at  fault  behaviour  or 
economic  reasons  linked  to  the  company  itself  in  the  private  sector.  For  example,  the 
beneficiary  of  state paternity leave cannot be  dismissed during the leave  except due to 
serious error or economic circumstances. 

5.12.5 Protection from dismissal and burden of proof (Article 12 WLB Directive) 

There is protection from dismissal because of discrimination law that requires a shift of 
the burden of proof for any discrimination based on family situations.469 

5.12.6 Case law  

Even if this right is not expressly recognised in the Labour Code, the Court of Cassation 
(Supreme Court) uses the articles of the Labour Code on parental leave to state that the 
reason to dismiss should not be linked to parental  leave. It is  considered that being on 
parental leave could not be viewed as a genuine and serious reason for dismissal.470 

In  application  of  the  CJEU’s  decision  in  Praxair  in  a  preliminary  ruling,471  the  Court  of 
Cassation decided that even though a worker is on part-time parental leave, that person 
is  entitled  to  full-time  redundancy  payment  linked  to  her  full-time  work  preceding  the 
parental leave.472 

5.13 Evaluation of implementation 

The  overall  assessment  of  the  implementation  of  Directive  2019/1158  in  France  is  the 
following. There are numerous types of leave in France but the principal gaps concern the 
allowance  of  parental  leave  discouraging  a  parent  with  a  middle  to  higher  income  from 
taking  it;  the  seniority  acquired  during  the  parental  leave  (only  half  of  the  duration  is 
recognised  for  acquiring  employment  rights,  except  for  civil  servants  since  the  law  of 
2019); the absence of fines in the case of infringement of these work-life balance norms 
outside of discrimination; the absence of a provision of prohibition of discrimination more 
explicitly in the norms  organising all leave; a  more  explicit ban  of  or  protection against 
dismissal during and right after these periods of leave which is currently implemented only 
through case law (outside of the protection against dismissal for maternity and paternity 
leave for the biological father); and a clearer possibility to transfer rights to other parents 
(through non-transferability) for leave other than parental leave. 

469  Labour Code Art. L. 1132-1. 
470  Court of Cassation Soc., 18 October 1989, No. 87-45724, and Court of Cassation, Social chamber, 

12 February 1997, No. 93-42510. 
471  CJEU 9 May 2019 Praxair C-486/18. 
472  Court of Cassation No. 16-27825, 18 March 2020. 

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Since  the  law  of  9  March  2023,473  the  WLB  was  transposed  completely  and  ensured 
continued protection of beneficiaries of paternity and parental leave acquired before taking 
leave.  

5.14 Remaining issues 

Since the law of 4 August 2014, the employer must evaluate health and security measures 
according to the different impact of the exposure to risks, which can vary according to the 
sex of the worker.  

Act No. 2016-1088 of 8 August 2016 allowed collective bargaining agreements to modify 
work time over a period of three years, a provision which has been considered  to be in 
violation of the European Social Charter by the European Committee on Social Rights.474 

473  LOI n° 2023-171 du 9 mars 2023 portant diverses dispositions d'adaptation au droit de l'Union européenne 

dans les domaines de l'économie, de la santé, du travail, des transports et de l'agriculture, 
https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000047281777. 

474  CEDS, 18.10.18, Complaint No. 154/2017 CGT v. France, published 15 March 2019. 

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6 

Occupational social security schemes (Chapter 2 of Directive 2006/54) 

6.1  General (legal) context 

6.1.1  Issues related to gender equality and social security 

Most  reports  target  the  inequalities  in  the  levels  of  pensions  awarded  to  women,  often 
linked  to  interruptions  in  their  careers  for  child-rearing.  The  Pensions  Advisory  Council 
(Conseil d’orientation des retraites) recently highlighted the current inequalities between 
men  and  women  in  pay  which  affect  the  amount  of  pension  awarded  at  the  end  of  the 
career for women regardless of the pension scheme.475  

The inequality in benefits between women and men can be accentuated by the residual 
differences in pensions between private pensions and civil service pensions.476 A report on 
pensions in the civil service explains how reforms have progressively taken away gendered 
service  credits  for  women  after  the  Griesmar  and  Leone  EU  cases,  with  the  Quintanel 
French case accepting compensation measures in the past.477 

The issue of self-employment, social protection and sex segregation in the workplace has 
also been reported in studies by public authorities, explaining how more and more women 
who  were  traditionally  employees  are  now  self-employed  in  certain  sectors  like 
agriculture.478 

Another  issue  concerns  lawyers  as  independent  workers  who  were  the  subject  of 
pregnancy discrimination since they did not benefit from the protection against dismissal 
enjoyed by employees. The Act of 2014 on real equality, invoking the Directive on equal 
treatment for independent workers, now protects them against dismissal.479 

6.1.2  Political and societal debate and pending legislative proposals480 

It is important to take into account the intense battle during 2022 to resist pension reform 
and its future impact on occupational social security schemes in 2023 when it was adopted. 

475  Pensions Advisory Council (COR) (2019) Les inégalités entre femmes et hommes pendant la vie active et la 

retraite (The inequalities between women and men during employment and at retirement), 
https://www.cor-retraites.fr/sites/default/files/2019-06/doc-4404.pdf. 

476  Duc, C., Solard, G., Treguier, J. (2017) Les différences de retraite entre secteurs public et privé 

(Differences in retirement in the private and public sector), Directorate of Research and Statistics, Dossiers 
May 2017/2 No. 16, available at: https://drees.solidarites-sante.gouv.fr/IMG/pdf/dd16.pdf. 

477  Rapport sur les pensions de retraite de la service publique (Report on pensions in the civil service), 

https://www.fonction-publique.gouv.fr/files/files/ArchivePortailFP/www.fonction-
publique.gouv.fr/files/files/statistiques/jaunes/jaune2019_pensions.pdf. 

478  Abdelnour, S., Bernard, S., Gros, J. (2017) ‘Introduction. Genre et travail indépendant. Divisions sexuées et 

places des femmes dans le non-salariat’, Travail et Emploi, No. 150, p. 5, https://dares.travail-
emploi.gouv.fr/IMG/pdf/tete-150_introduction.pdf. 

479  Act No. 2014-873 of 4 August 2014 on real equality, Article 17 (Loi n° 2014-873 du 4 août 2014 pour 

l'égalité réelle entre les femmes et les hommes), available at: 
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000029330832&categorieLien=id. 
480  After cut-off date: The Constitutional Council on 14 April 14 2023 decided that the pension reform of 2023 

was not unconstitutional except on its measures concerning older workers which should have been a part of 
a different legislative package, see Constitutional Council 2023-849 DC, 2023. Several amendments were 
introduced to limit the effects of the reform which postpones the retirement age from 62 to 64 years old 
(mothers can benefit from a pension credit of 5 % if they have a full career at 63 and at least one trimester 
of increase in duration of coverage per child (today mothers can leave at 62 and have an increase of 
10 %). A minimum of two trimesters of increase in coverage is given for the education or adoption of a 
child. Today, for children born after 2010, eight trimesters are awarded to parents (four trimesters for 
maternity or adoption and four trimesters for education of children). The parents can choose to benefit for 
adoption or education. A father can, for example, get four trimesters increase for the education of children. 
The increase of 10 % for three children or more is extended to independent professions and lawyers. The 
MPs also voted for an objective of reducing the disparities in pension between women and men before 2027 
and an objective of eliminating the disparities before 2050. 

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6.2  Direct and indirect discrimination 

Article  L. 913-1  of  the  Code  of  Social  Security  ensures  the  implementation  of  Recast 
Directive 2006/54/EC and states that any clauses in agreements, decisions and contracts 
which are in breach of the principle of non-discrimination are null and void. 

6.3  Personal scope 

As  provided  by  the  Directive,  the  prohibition  of  discrimination  in  occupational  social 
security schemes applies to the working population including the self-employed. 

6.4  Material scope 

The material scope of French law is the same as Article 7 of the Directive.  

6.5  Exclusions 

There are no exclusions to the application of the Directive. 

6.6  Laws  and  case  law  falling  under  the  examples  of  sex  discrimination 

mentioned in Article 9 of Directive 2006/54 

Two cases identify indirect sex discrimination. One is based on rights linked to classification 
of employment as managerial and non-managerial in collective bargaining agreements. In 
certain professions which are predominantly female, such as social work, employees are 
categorised  as  non-managers,  whereas  technicians,  who  are  mostly  male  at  the  same 
grade, are categorised as managers. The Court of Cassation has argued that affiliation to 
a  non-manager  occupational  pension  fund  for  social  workers  may  be  justified  but  not 
proportionate. Indeed, the Court observes that the employer bases their analysis on the 
same discriminatory mode of categorisation in other agreements (circular reasoning) and 
that the application of the category of non-managers to social workers is not coherent. It 
does not reflect the leadership initiatives of social workers as compared to technicians at 
the same level who only execute supervisors’ decisions.481 

6.7  Actuarial factors 

Men and women pay the same contributions and receive the same benefits. 

6.8  Difficulties 

The Griesmar case (C-366/99) and now the Leone case (C-173/13) clearly highlight some 
of the French difficulties in implementing the Directive in occupational pension schemes. 

6.9  Evaluation of implementation 

There have been indirect efforts to help women because of the type of activity they were 
in during their professional life. There have been efforts to award the right to retirement 
with full pension at 65 for carers482 but the Defender of Rights regrets this possibility is 
not open to part-time carers. 

481  On the incoherent means of justification of affiliation to AGIRC and ARRCO, see Court of Cassation Soc., 

6 June 2012, No. 10-21.489, JCP G, 2012, 908, note Mercat-Bruns, M.. Also, on the right to a 
supplementary retirement system being indirectly discriminatory against women, requiring a certain 
number of hours worked, Soc., 3 July 2012, No. 10-23.013, JCP S 2012, 1490, note Tricoit, J.-Ph. 
482  Act No. 2010-1330, of 9 November 2010, on the reform of pensions (Loi n° 2010-1330 du 9 novembre 

2010 portant réforme des retraites), Article 20, available at: 
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000023022127&categorieLien=id. 

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6.10 Remaining issues 

There are no remaining issues. 

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7 

Statutory schemes of social security (Directive 79/7) 

7.1  General (legal) context 

7.1.1  Overview of national acts 

The principle of equal treatment in statutory schemes of social security derive generally 
from the law prohibiting discrimination and the law on the reform of pensions.483 

Act  No. 2010-1330,  9  November  2010,  on  the  Reform  of  Pensions,  JO  No. 261, 
19 November 2010, p. 20 034; Act No. 2008-496, 27 May 2008, implementing the various 
directives on discrimination, JO No. 123, 28 May 2008, p. 8 801. 

Article  L. 913-1  of  the  Social  Security  Code,  amended  by Order  No. 2006-344  of 
23 March 2006, Article 3, provides that collective bargaining or unilateral decisions linked 
to supplementary social protections cannot include sex discrimination. Any such provision 
is null and void. This does not prevent provisions  on the protection of women linked to 
maternity.  

7.1.2  Political and societal debate and pending legislative proposals 

Increased protests against the pension reform modifying the pension age from 62 to 64 
years old were recurring in 2022. Criticism is aimed at the fact that the pension reform 
will  have  a  disproportionately  negative  effect  on  women  who  have  lower  salaries  and 
careers with work-life balance that do not always favour pension contribution. 

Previously,  a  report  on  pensions  in  the  civil  service  explained  how  reforms  have 
progressively removed gendered service credits for women after the Griesmar and Leone 
EU cases with the French Quintanel case accepting compensation measures in the past.484 
The Pensions Advisory  Council (COR) monitors all pensions including statutory  schemes 
and their evolution in an annual report.485 

7.2  Implementation of the principle of equal treatment for men and women in 

matters of social security 

As such, the principle of equal treatment for men and women in matters of social security 
is not expressly mentioned. For example, there is no such principle in the Social Security 
Code.  However,  the  general  principle  is  recognised  in  the  Constitution  and  it  directly 
applies. 

7.3  Personal scope 

The personal scope of national law is the same as in the directives. 

7.4  Material scope 

The material scope is the same as in the Directive. 

483  After cut off: Act No. 2023-270 of 14 April 2023 adjusting social security financing (new pension reform); 

The Constitutional Council on 14 April 2023 decided that the pension reform of 2023 was not 
unconstitutional except on its measures concerning older workers which should have been a part of a 
different legislative package. 

484  Rapport sur les pensions de retraite de la service publique (Report on pensions in the civil service) (2019), 

p. 95, available at : https://www.fonction-publique.gouv.fr/files/files/ArchivePortailFP/www.fonction-
publique.gouv.fr/files/files/statistiques/jaunes/jaune2019_pensions.pdf. 

485  Pensions Advisory Council (COR) (2018) Évolutions et perspective es des retraites en France. Rapport 
annuel 2018 (Retirement in France – developments and prospects. Annual Report 2018), available at: 
https://www.cor-retraites.fr/sites/default/files/2019-06/doc-4647.pdf.  

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7.5  Exclusions 

For a long time the French legislator has chosen to implement the exception in Article 7(b) 
of Directive 79/7/EEC, according to which Member States can exclude from the scope of 
their legislation the advantages in respect of old-age pension schemes granted to people 
who have brought up children and also the exceptions in Article 7(c) (see Article L. 351-4 
of the Social Security Code before 2010).  

However, a provision included in the law to finance social security in 2010 was adopted in 
December 2009. As for civil servants, a specific right for women linked to maternity has 
been  maintained:  increased  insurance  coverage  for  pensions  in  the  private  sector  for  a 
maximum of one year for women who have given birth to one or more children. For the 
second  year,  the  mother  will  continue  to  benefit  from  another  increase  in  insurance 
coverage for children born before 1 January 2010, except if fathers can prove, in the year 
following the publication of the law, that they have raised their children on their own. For 
children  born  after  1  January  2010,  the  mother  will  continue  to  benefit  from  increased 
insurance coverage for a second year, if there is agreement between the father and the 
mother,  expressed  in  the  six  months  following  the  child’s  fourth  birthday.  If  there  is  a 
disagreement between the parents, the advantage will be granted to the parent who can 
prove that he/she has contributed more and for a longer period to the upbringing of the 
child. If both parents have contributed equally to the child’s upbringing, the benefit will be 
divided into two. 

7.6  Actuarial factors 

There are no actuarial factors distinguishing between men and women. 

7.7  Difficulties 

There are no current difficulties. 

7.8  Evaluation of implementation 

Statutory schemes respect the principle of equal treatment except for cases on past service 
credits for women (Quintanel 2015). There is no other case law and the real challenge will 
concern the global pension reform and its possible indirect effects on inequalities between 
women and men which the Government would like to take into account in a gender-neutral 
way based on the impact of career interruptions. 

There would be another way to indirectly foster promotion of equality of men and women 
in statutory schemes by further developing the optional use of enhanced contributions to 
pensions  (contribution  of  employers  at  the  same  level  as  full-time  work)  for  part-time 
workers,  which  already  exists  in  Article  L. 241-3-1  of  the  Social  Security  Code  and  is 
recommended by the Defender of Rights.486 

7.9  Remaining issues 

There are no remaining issues. 

486  The Haute Autorité de lutte contre les discriminations et pour l’égalité (Halde) (Equal Opportunities and 
Anti-Discrimination Commission) had already recommended this: Decision of 13 September 2010. 

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8 

Self-employed  workers  (Directive  2010/41/EU  and  some  relevant 
provisions of the Recast Directive) 

8.1  Implementation of Directive 2010/41/EU 

France has requested an additional period as mentioned in Article 16(2) of the Directive 
to  comply  with  Article  7.  The  transposition  was  made  by  Decree  No. 2014-20  of 
9 January 2014. It is not clear why France needed this additional period. The Decree is 
just  about  a  very  specific  problem  (health  insurance  of  a  specific  regime  of  the 
collaborating  partner  of  independent  workers).  Except  for  this  Decree,  France  has  not 
provided  any  explicit  instruments  formally  implementing  the  Directive.  The  Act  of 
27 May 2008,  No. 2008-496,  implementing  the  various  directives  on  discrimination, 
transposes both Directive 2006/54/EC and Directive 2004/113/EC. It states in its Article 5 
that  the  law  applies  to  any  public  and  private  person,  including  ‘those  carrying  out  an 
independent activity’ (self-employed). It seems that this provision could also be analysed 
as  implementing  Directive  2010/41/EU.  This  could  explain  the  absence  of  any  formal 
transposition of this Directive. 

The following acts and decrees cover the issue of self-employed workers: 

- 

- 

- 

- 

- 

- 

- 

- 

Decree  No. 2021-1431  of  3  November  2021  to  help  companies  created  after 
January 2019 with their fixed costs;487 
Decree  No. 2020-264  of  17  March  2020  to  help  for  expenses  in  sanitary  costs  for 
independent workers; 
Act No. 2008-776 of 4 August 2008488 on modernisation of the economy to promote 
entrepreneurship, simplify tax obligations for self-employed workers and extend to 
civil partners rights of married couples; 
Decree No. 2007-582 of 19 April 2007 on personal pension rights and affiliation of 
spouses of small business owners;489  
Law on research of 18 April 2006 improving access to leave for young people who 
want to start their own business;490  
Law No. 2005-882 of 2 August 2005 on small businesses, which protects the status 
of  spouses,  their  limited  liability,  their  right  to  training  and  recognition  of  their 
expertise to validate degrees;491 
Law on economic initiative of 1 August 2003 facilitating access to financial support 
and support for parity in female entrepreneurship 2003;492 
Decree  No. 2008-1410  of  19  December  2008 extending  maternity  leave  for  the 
self-employed;493 

487  Decree No. 2021-1431 of 3 November 2021, 

https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000044287342&categorieLien=cid. 
488  Act No. 2008-776 of 4 August 2008 on modernisation of the economy (Loi n° 2008-776 du 4 août 2008 de 

modernisation de l'économie), available at: 
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000019283050. 

489  Decree No. 2007-582 of 19 April 2007 on personal pension rights and affiliation of spouses of small 

business owners (Décret n° 2007-582 du 19 avril 2007 relatif aux cotisations d'assurance vieillesse des 
conjoints collaborateurs des professionnels libéraux), available at: 
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000618397&categorieLien=id. 
490  Law on research of 18 April 2006 improving access to leave for young people who want to start their own 

business (Loi n° 2006-450 du 18 avril 2006 de programme pour la recherche), available at: 
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000426953. 

491  Law No. 2005-882 of 2 August 2005 on small businesses (Loi n° 2005-882 du 2 août 2005 en faveur des 

petites et moyennes entreprises), available at: 
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000452052&categorieLien=cid. 

492  Law on economic initiative of 1 August 2003 (Loi n° 2003-721 du 1 août 2003 pour l'initiative économique), 

available at: https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=LEGITEXT000005634924. 
493  Decree No. 2008-1410 of 19 December 2008 extending maternity leave (Décret n° 2008-1410 du 19 

décembre 2008 relatif à l'allongement du congé de maternité des assurées relevant à titre personnel du 
régime social des indépendants), available at: 
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000019992679&categorieLien=id. 

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- 

- 

- 

Decree No. 2008-536 and No. 2008-537 of 5 June 2008494 on rights for employees 
in agriculture (extension of maternity leave and protection from exposure to certain 
risks of products/diethylstilbestrol (DES)); 
Decree  No. 2007-1491  of  17  October  2007  on  maternity  and  paternity  leave  for 
non-salaried employees in agriculture;495 and 
Law  on  agriculture  of  5  January  2006  facilitating  rights  to  social  protection  of 
spouses and partners of farmers.496 

8.2  Personal scope 

8.2.1  Scope 

There  has  been  no  explicit  transposition  of  Article  2(a)  in  France.  There  is  no  legal 
definition of a self-employed person or self-employment in France. Similar to many labour 
laws in other countries, the French Labour Law is built around the ‘binary divide’ between 
employment  and  self-employment,  between  subordinated  labour  and  independent  or 
autonomous work, while a self-employed person can be defined as a person who is not a 
worker.  

8.2.2  Definitions 

The  French  Labour  Code  does  not  contain  any  definition  of  what  is  an  employee  or  a 
definition of subordinate employment. However, certain criteria have been determined by 
the Court of Cassation, the French Supreme Court.497 An employment contract exists when 
a person undertakes to work in the name and under the supervision of another in return 
for  remuneration.  Three  elements,  which  are  required  to  prove  the  existence  of  an 
employment  contract,  emerge  from  this  definition:  the  performance  of  an  activity,  in 
return  for  remuneration  and  the  existence  of  a  hierarchical  relationship  between  the 
parties  (a  link  of  legal  subordination).  This  last  criterion  is  the  most  important  one. 
According to the case law, the legal superior-subordinate relationship means that a job is 
performed  under  the  authority  of  an  employer,  who  has  the  power  to  give  orders  and 
instructions, to supervise the performance of the said work and to impose sanctions in the 
case of a failure or breaches by its subordinate. A self-employed person can therefore be 
defined as a person who provides services to another party in an independent and non-
subordinate manner. 

As regards the application of the principle of non-discrimination, the absence of a definition 
of self-employment does not seem to be a problem and it seems that there is no risk that 
people like ‘small entrepreneurs’ or ‘business people’ will not be covered. 

8.2.3  Categorisation and coverage  

While  self-employed  workers  can  be  considered  part  of  the  same  category,  the  social 
protection of self-employed workers is subject to separate regulations.  

494  Decree No. 2008-536 and No. 2008-537 of 5 June 2008 on maternity and adoption leave rights for 

employees in agriculture (Décret n° 2008-536 du 5 juin 2008 relatif à l'allocation de remplacement pour 
congé de maternité ou d'adoption des personnes non salariées des professions agricoles), available at: 
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000018933875&dateTexte=. 

495  Decree No. 2007-1491 of 17 October 2007 on maternity and paternity leave for non-salaried employees in 

agriculture (Décret n°2007-1491 du 17 octobre 2007 relatif à l'allocation de remplacement pour le congé de 
maternité des personnes non salariées des professions agricoles et modifiant le code rural (partie 
réglementaire), available at: 
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000429029&dateTexte=. 

496  Law on agriculture of 5 January 2006 (LOI n° 2006-11 du 5 janvier 2006 d’orientation Agricole), available 
at: https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000264992&categorieLien=id. 

497  For instance, see Court of Cassation, Social Chamber, 13 November 1996, Dr. Soc. 1996. 1067. 

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For social protection issues, life partners are recognised. French law recognises persons 
engaged in a civil union (PACS) and people with a conjugal relationship living together as 
life partners.  

8.2.4  Recognition of life partners 

Spouses and life partners (registered by a pacte civil de solidarité: PACS, a type of civil 
union  contract)  can  choose  between  three  different  statuses:  a  dependent  worker,  a 
partner or a collaborating spouse. Since 2005, there has been an obligation to choose one 
of  these  three  options.  Spouses  or  life  partners  who  have  chosen  the  status  of  a 
collaborating  spouse  benefit,  on  an  obligatory  basis,  from  social  protection:  old  age, 
maternity and disability. Since 1 January 2014, the right to sickness benefits in cash has 
been  improved  in  order  to  implement  Directive  2010/41/EU.  Collaborating  spouses  and 
life partners now contribute and have the right to sickness benefits in cash in the case of 
sickness,  which  was  not  previously  the  case.  However,  this  provision  does  not  seem  to 
apply to spouses and life partners in the independent ‘liberal professions’.498 Partners who 
are not married or registered by a PACS, if they participate in the activity of the business, 
can still voluntarily contribute to obtain benefits from the social security system. 

8.3  Material scope 

8.3.1  Implementation of Article 4 of Directive 2010/41/EU 

As such, Article 4 of the Directive has not been implemented. However, it seems that the 
same result is reached with Article 5 of the 2008 Act,499 which states that the Act applies 
to  any  private  and  public  entity,  including  ‘those  carrying  out  an  independent  activity’ 
(self-employed). 

Moreover, the Criminal Code prohibits discrimination in very general terms. Article 225-1 
states the following: 

‘Discrimination comprises any distinction applied between natural persons by reason 
of their origin, sex, family situation, pregnancy, physical appearance or family name, 
state of health, handicap, genetic characteristics, sexual morals or orientation, age, 
political opinions, union activities, or their membership or non-membership, real or 
supposed, of a given ethnic group, nation, race or religion.’ 

‘Discrimination  also  comprises  any  distinction  applied  between  legal  persons  by 
reason of the origin, sex, family situation, physical appearance or family name, state 
of  health,  handicap,  genetic  characteristics,  sexual  morals  or  orientation,  age, 
political  opinions,  union  activities,  membership  or  non-membership,  real  or 
supposed, of a given ethnic group, nation, race or religion of one or more members 
of these legal persons.’ 

Article 225-2 adds: 

‘Discrimination defined by Article 225-1, committed against a natural or legal person, 
is punished by three years’ imprisonment and a fine of EUR 45 000 where it consists: 

1. 
2. 
3. 

of the refusal to supply goods or services; 
of obstructing the normal exercise of any given economic activity;  
of the refusal to hire, to sanction or to dismiss a person; 

498  In France, the ‘liberal professions’ refers to people who are not public servants and are not engaged in 

commercial activities. It includes professionals such as doctors, dentists and lawyers. 

499  Act No. 2008-496 of 27 May 2008 transposing EU law in the field of discrimination (Loi No. 2008-496 du 27 
mai 2008 portant diverses dispositions d'adaptation au droit communautaire dans le domaine de la lutte 
contre les discriminations). 

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of subjecting the supply of goods or services to a condition based on one of 

4. 
the factors referred to under Article 225-1; 
5. 
of  subjecting  an  offer  of  employment,  an  application  for  a  course  or  a 
training period to a condition based on one of the factors referred to under Article 
225-1; 
6. 
Of Article L. 412-8 of the Social Security Code.’ 

of refusing to accept a person onto one of the courses referred to under 2. 

Here,  the  protection  against  discrimination  is  largely  defined  and  can  include  self-
employment. 

8.3.2  Material scope 

See section 8.3.1. 

8.4  Positive action 

Even if they are not specifically related to Directive 2010/41/EU, some policies regarding 
equal treatment for self-employed people exist in France. For example, a fund for women’s 
initiatives was created in 1989 to support the setting up of businesses by women.500 Today, 
this fund can guarantee loans for women for the establishment or development of their 
business and the Secretary of State for Equality backs other initiatives to support female 
entrepreneurship through information on rights and support networks.501 

Act  No. 2021-1774  of  24  December  2021  on  accelerating  professional  and  economic 
equality  of  women  and  men  creations  an  obligation  to  publish  indicators  of  gender 
representation  within  the  public  authority  in  charge  of  public  loans  (BPI  France)  and  in 
companies that receive the financial support. Article 16 of the law requires BPI France to 
publish  the  gender  disparities  in  representation  on  their  investment  committees.  By 
1 March 2022, the percentage of members of both sexes in those committees cannot be 
less  than  30 %  and  by  1  March  2026,  not  less  than  40 %.  Article  16  also  requires  BPI 
France to financially support companies that respect the equal representation of men and 
women  by  producing  progressive  reports  on  the  issue  and  publish  annual  data  on  the 
gender of those who benefit from the public loans. The same parity rules are also extended 
to executive bodies in charge of investment banking (Article L. 533-22-2-4 Monetary and 
Financial Code) and mutual insurance companies (Article L. 322-26-2-5 Insurance Code). 

Therefore  parity  rules  on  gender  balance  are  extended  to  the  authorities  in  charge  of 
investing in the economy,  covering public authorities that invest in  start-ups where the 
percentage of women is traditionally low (according to national data/INSEE, in 2018, only 
35 % of start-up companies were run by women). 

8.5  Social protection 

France  has  social  protection  for  the  self-employed.  This  social  protection  is  subject  to 
separate regulations (although they are very similar). Farmers come under the agricultural 
system.  Craftspeople,  retailers  and  manufacturers  fall  within  the  scope  of  the  Social 
Protection  Scheme  for  the  Self-employed  (RSI),  while  practitioners  of  the  liberal 
professions are covered by  separate schemes.  However, liberal professionals also come 
under  the  RSI  insofar  as  sickness  insurance  is  concerned.  The  schemes  are  funded  by 
social contributions and they cover benefits and pensions related to sickness, maternity, 
disability, survivors’ benefits, accidents at work and occupational diseases. The schemes 
are  mandatory  and  most  of  them  are  complemented  by  compulsory  supplementary 
systems governed by the same funds. 

500  Fonds de garantie à l’initiative des femmes : https://travail-emploi.gouv.fr/IMG/pdf/diaporama_FGIF.pdf. 
501  See: https://bpifrance-creation.fr/encyclopedie/financements/dispositifs-garantie/garantie-egalite-femmes-

ex-fgif  

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8.6  Maternity benefits 

There are some minor differences between the schemes and as a consequence the whole 
system is complex. For farmers, replacement benefits may be paid to compensate for the 
fees paid to ensure the replacement of the woman farmer in farm work (Articles L. 732-
10 et seq. of the Rural Code). The duration of the payment of the replacement benefits is 
the same as the period of maternity leave for employees (16 weeks). 

For crafts, commerce and manufacturing, as well as the liberal professions, self-employed 
women have a right to a lump-sum payment for inactivity, which is aimed at compensating 
for the decrease in their activity (Articles L. 611-1 et seq.; L. 615-19 et seq.; and D. 615-4 
et seq. of the Social Security Code). The first half of this allowance is paid at the end of 
the  seventh  month  of  pregnancy  and  the  second  half  after  the  birth  of  the  child.  The 
amount for 2018 was EUR 3 311. Furthermore, self-employed women have a right to daily 
maternity  benefits  for  a  period  of  44  days,  a  period  which  can  be  extended  on  two 
occasions at most, for 15 days each. The maximum period for these benefits is therefore 
74 days, which is less than the 14 weeks provided by Directive 2010/41/EU. The amount 
of these benefits for 2016 was EUR 2 237.60 for 44 days, EUR 3 121.10 for 59 days and 
EUR 3 914.60 for 74 days.  

Spouses and life partners also have a right to a lump-sum payment for inactivity which is 
aimed at compensating for the decrease in their activity and the duration of the payment 
of these benefits is 16 weeks.  

Some specific rules can also apply to various categories of self-employed workers. Lawyers 
and  advocates  have  concluded  an  agreement  in  order  to  extend  the  right  to  maternity 
leave to 16 weeks (as opposed to 12 weeks previously). The extension of this period is a 
result of Directive 2010/41/EU. 

Even though the French maternity allowances meet the requirement of sufficiency under 
the  Directive  (as  it  is  at  least  equivalent  to  the  allowance  which  the  person  concerned 
would receive in the event of a break in her activities or grounds connected with her state 
of health), in practice the main problem for self-employed women is the fact that the level 
of the benefits paid is low and they are only paid for a short period. Therefore, many self-
employed  women  do  not  stop  work  for  pregnancy  or  maternity-related  reasons  (the 
interruption  is  not  mandatory)  or  do  so  only  for  a  very  short  period  of  time,  even  if 
temporary  replacements  are  available.  For  example,  for  women  who  are  craftspeople, 
retailers  or  manufacturers,  90 %  of  the  cost  of  hiring  a  person  to  replace  the  pregnant 
woman will be covered. 

8.7  Occupational social security 

8.7.1  Implementation of provisions regarding occupational social security 

Special provisions are not necessary since general principles of equality apply. 

8.7.2  Application  of  exceptions  for  self-employed  persons  regarding  matters  of 

occupational social security (Article 11 of Recast Directive 2006/54) 

There  is  no  application  of  exceptions  for  self-employed  people  regarding  matters  of 
occupational social security (Article 11 of Recast Directive 2006/54).  

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8.8  Prohibition of discrimination 

Act No. 2008-496 of 27 May 2008, implementing the various directives on discrimination, 
provides a general prohibition of direct or indirect discrimination based on sex in access to 
and the supply of goods and services. Article 5 of the Act simply states that the Act applies 
to  any  private  and  public  entity,  including  ‘those  carrying  out  an  independent  activity’ 
(self-employment).  This  Article  therefore  makes  no  distinction  between  self-employed 
persons and workers. 

8.9  Evaluation of implementation 

There is limited case law on issues concerning equal treatment for the self-employed. The 
Defender of Rights delivered a decision on breach of contracts of self-employed workers 
in private partnership firms and their right to maternity and protection of their employment 
after  maternity  leave.502  The  majority  of  the  legislation  has  been  focused  on  helping 
partners of entrepreneurs obtain maternity leave and pensions or developing support for 
female entrepreneurs. 

The Secretary of State on equality has particularly emphasised and promoted policies to 
develop  women’s  initiatives  to  establish  their  own  companies:  for  example,  loans  for 
women  starting  businesses  (Le  Fonds  de  garantie  à  l’initiative  des  femmes,  FGIF), 
networks to support women CEOs in different regions (Le réseau EFOIR: ‘Entreprendre au 
féminin,  Océan  indien  –  Réunion’),  continuing  education  for  different  professions,  for 
example  for  architects  (Formation  à  la  création  d’entreprise  de  l’ARVHA)  and  prizes  for 
original initiatives (Concours régional ‘entreprendre au féminin’ en Franche-Comté).503 The 
main objectives of these policies are to raise awareness about rights and support groups 
for women who set up their own companies and not to adopt more laws to promote their 
rights.  The  actions  aim  to  create  more  awareness  of  rights  for  women  who  start 
companies, support them by improving their access to funds, explain current laws in their 
favour and link them up with networks of entrepreneurs.504 

8.10 Remaining issues 

There  is  a  private  Observatory  on  Self-Employment  which  covers  academics,  experts, 
lawyers, unions and private actors.505 It drafts reports, for example on social protection 
for self-employed workers regardless of their sex.506 

In  view  of  the  pandemic,  measures  were  taken  to  support  all  independent  workers 
financially507 up until 2022.508 

502  Defender of Rights, Decision MLD 2015-264 of 25 November 2015. 
503  See: https://initiativeaufeminin-bfc.fr/.  
504  See: https://www.egalite-femmes-hommes.gouv.fr/egalite-professionnelle-et-autonomie-economique-des-

femmes.  

505  Observatoire du travail indépendant: https://www.travailindependant.org/. 
506  Observatoire du travail indépendant, list of publications: 

https://www.travailindependant.org/category/etudes-et-documents-de-reference/protection-sociale-des-
independants/. 

507  Decree No. 2020 of 17 March 2020 to help for expenses in sanitary costs for independent workers (Décret 
n° 2020-269 du 17 mars 2020 relatif aux modalités d'imputation des dépenses d'action sanitaire et sociale 
spécifiquement déployées en faveur des travailleurs indépendants) 
https://www.legifrance.gouv.fr/loda/id/JORFTEXT000041733539/2021-04-11.  

508  Decree No. 2022-348 of 12 March 2022 to adjust funds for January and February 2022 targeting companies 

particularly affected by the consequences of the COVID-19 pandemic to limit its effects (relatif à 
l'adaptation au titre des mois de janvier et février 2022 du fonds de solidarité à destination des entreprises 
particulièrement touchées par les conséquences de l'épidémie de covid-19 et des mesures prises pour 
limiter cette propagation). 

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9 

Goods and services (Directive 2004/113)509 

9.1  General (legal) context 

9.1.1  Specific  problems  of  discrimination 

in 

the  online  environment/digital 

market/collaborative economy 

The Defender of Rights has published recommendations510 and a report on how people feel 
abandoned due to the digital market and unequal access to services511 that are apparently 
neutral but can disproportionately affect people under guardianship and with disabilities, 
including indirectly a majority of older women. Marketing techniques based on algorithms 
to establish consumer profiles can also perpetuate sex bias in the pricing of products for 
women. The Defender of Rights has raised the issue of human rights and risks in the use 
of algorithms.512  

After a first report on women in the digital sector in 2015 by a member of Parliament,513 
the Council on Information and Freedom (CNIL) produced a report in December 2017 with 
specific recommendations about algorithms514 based on two guiding principles, loyalty to 
citizens  regardless  of  their  consumer  status  and  reflexivity  to  engage  all  involved  in 
constant  self-reflection  on  the  use  of  algorithms  by  institutions  and  companies.  Six 
operational recommendations were drafted: 1) train all those participating in the chain of 
people using algorithms; 2) make algorithmic systems more accessible by giving rights to 
users  and  providing  mediation;  3)  work  on  the  design  of  algorithms  to  safeguard  the 
freedom of users; 4) develop a platform of auditors of algorithms; 5) encourage ethical 
ideas about artificial intelligence (AI) and make it a national cause; 6) reinforce the ethical 
dimension of companies.515 

Then the Prime Minister commissioned a member of Parliament, Cédric Villani, who is a 
mathematician,  to  lead  a  study  on  the  pros  and  cons  of  AI,  including  a  chapter  on 
inclusiveness, which came out in September 2018.516 The study highlighted the risks of AI 
both in terms of barriers to education for women in the tech industry, employment and 
career advancement and in marketing products for women. 

An objective of 40 % female students was recommended to compensate for barriers in the 
tech industry.517 The report recommends developing a database on inequalities between 
men and women at work518 and promoting transparency in procedures for the recruitment 

509  See e.g. Caracciolo di Torella, E., Directive 2004/113EC on Gender equality in goods and services – In 

search of the potential of a forgotten Directive (2021), European network of legal experts in gender equality 
and non-discrimination, available at: https://www.equalitylaw.eu/downloads/5614-directive-2004-113-ec-
on-gender-equality-in-goods-and-services-in-search-of-the-potential-of-a-forgotten-directive-1-38-mb. 

510  Defender of Rights, Framework decision, 2018-226, 3 September 2018, available at: 
https://juridique.defenseurdesdroits.fr/index.php?lvl=notice_display&id=25921. 

511  Defender of Rights (2019) Dématérialisation et inégalités d’accès aux services publics (Digitalisation and 

inequalities in access to public services), available at: 
https://www.defenseurdesdroits.fr/sites/default/files/atoms/files/rapport-demat-num-21.12.18.pdf.  
512  Defender of Rights, https://juridique.defenseurdesdroits.fr/index.php?lvl=notice_display&id=25683 

referring to a study by the Council of Europe. 

513  Coutelle, C. (2015) Rapport d’information de l’Assemblée nationale no 3318, Femmes et numérique: 

dépasser les écueils, saisir les opportunités, Délégation aux droits des femmes, par la députée Catherine 
Coutelle, December 2015 (General Assembly report: Women and the digital sector: overcoming barriers, 
seizing opportunities). 

514  CNIL (2017) Report on algorithms and AI, available at: https://www.cnil.fr/fr/comment-permettre-lhomme-

de-garder-la-main-rapport-sur-les-enjeux-ethiques-des-algorithmes-et-de. 

515  CNIL (2017) Report on algorithms and AI, available at: https://www.cnil.fr/fr/comment-permettre-lhomme-

de-garder-la-main-rapport-sur-les-enjeux-ethiques-des-algorithmes-et-de. 

516  Villani, C. (2018), Donner un sens à l’intelligence artificielle : pour une stratégie nationale et européenne 
(Giving meaning to artificial intelligence: for a national and European strategy), Report for the Prime 
Minister, 8 September 2018, p. 163, available at: 
https://www.aiforhumanity.fr/pdfs/9782111457089_Rapport_Villani_accessible.pdf. 

517  Villani Report, p. 163. 
518  Villani Report, p. 170. 

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and  promotion  of  women.519  Allocating  a  budget  for  AI  impact  on  diversity520  and 
developing mediation521 to  open AI to all by promoting fundamental rights, including in 
the public sector,522 is another proposal of the report. 

Studies show how HR processes both in recruitment and promotions that the development 
of algorithms by companies can have a discriminatory effect on women.523 

The new law of 24 December 2021 holds institutions of higher education accountable in 
providing  more  transparency  on  the  under-representation  of  women  in  tech  and 
engineering programmes. Schools will have to publish statistics on gender disparities in 
their different programmes and provide measures to correct inequalities according to an 
upcoming decree (Article 7 of the new law, amending Article L. 612- 1 of the Education 
Code). 

9.1.2  Political and societal debate 

There is a rising debate in 2022 after the COVID-19 crisis on how developing online work 
disproportionately disadvantages women who end up choosing to work more from home 
to facilitate parenting and it affects career opportunities making it harder for employers to 
evaluate them because of their ‘absence’.524  

Macron first signed a Law for a Digital Republic in 2016525 which is intended to support the 
digital transition of the collaborative economy and develop a more inclusive digital society, 
banning  discrimination  regardless  of  the  ground,  extending  access  to  the  internet  and 
protecting citizens in terms of personal data. 

President Macron promised to follow the proposals of the Villani Report in a speech at the 
Collège de France in 2018526 where he reiterated the need for several initiatives outlined 
in the report: developing more inclusiveness of women in the tech industry because it is 
a male-dominated industry and developing more ethical AI through tools to ‘track biases’, 
develop ‘transparency’ in the use of algorithms and ‘avoid decision-making exclusively on 
the  basis  of  algorithms’.  The  idea  is  to  promote  interdisciplinary  research  in  the  field 
through  the  national  research  institute  in  the  digital  field  (INRIA).527  President  Macron 
called for a specific commitment to non-discrimination and the development of a code of 
ethics linked to the digital world and its impact.528 

519  Villani Report, p. 171. 
520  Villani Report, p. 172. 
521  Villani Report, p. 172. 
522  Villani Report, pp. 173 and 177. 
523  Etude EDHEC Peut-on éviter les biais du recrutement par algorithme  

https://online.edhec.edu/fr/blog/biais-du-recrutement-par-algorithme/; Defenseur des droits, CNIL, 
Prévenir la l’automatisation de la discrimination algorithmique, 
https://www.defenseurdesdroits.fr/sites/default/files/atoms/files/synth-algos-num-05.06.20.pdf. 

524  After cut-off date: The High Council on Equality just published a study on how online work needs to take 
into account equality between men and women and can reassign women to activities in the domestic 
sphere. For a more conscious implementation of online work which takes into account equality between 
men and women, Report of 23 Feb. 2023, https://www.haut-conseil-egalite.gouv.fr/IMG/pdf/hce_-
_rapport_-_pour_une_mise_en_oeuvre_soucieuse_de_l_egalite_entre_les_femmes_et_les_hommes-
min.pdf. 

525  Act No. 2016-1321 for a Digital Republic (Loi n° 2016-1321 du 7 octobre 2016 pour une République 

numérique). 

526  Élysée (2018) Discours du Président de la Republique sur l’intelligence aritificelle (Speech by the President 

of France on artificial intelligence), available at: https://www.elysee.fr/emmanuel-
macron/2018/03/29/discours-du-president-de-la-republique-sur-lintelligence-artificielle. 

527  INRIA, Institut national de recherche sur les sciences du numérique (French national institute for the digital 

sciences), https://www.inria.fr/. 

528  ‘Et au cœur de cette réflexion, nous devons inscrire des engagements de non-discrimination sociale, 

ethnique, sexuelle et l’Etat, pour ce qui le concerne, rendra donc par défaut public le code de tous les 
algorithmes qu’il serait amené à utiliser’ (We must make a commitment to working to avoid social, ethnic 
and sexual discrimination and the default position of the State will therefore be to make public the code for 
all the algorithms it uses), see: https://www.elysee.fr/emmanuel-macron/2018/03/29/discours-du-
president-de-la-republique-sur-lintelligence-artificielle. 

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There is a debate on the risk of algorithmic sex discrimination in goods and services outside 
of employment.529 In the private sector, algorithms have been used by private companies 
in  recruitment  tools  (in  matching  mechanisms),530  and  have  also  been  used  by  human 
resources management to develop biased model candidates, which are based on previous 
male  candidates  for  employment.531  Internet  navigation  can  guide  male  and  female 
consumers differently.532 There is also the issue of profiling in enabling access to insurance 
and bank credits.533 Other algorithms can also increase the risk of sex discrimination by 
raising  prices  for  gendered  products  designed  for  menstruation  (female  consumers  are 
easy targets for predatory prices).534 

On the other hand, some personalised price-setting for goods and services can limit the 
risk of economic discrimination for men and women from access to better individualised 
rates  in  airline  transportation  for  everyone  through  to  the  technique  of  data  mining 
(searching for the best deal drawn from big data).535 

9.2  Prohibition of direct and indirect discrimination 

Act  No. 2008-496  of  27  May  2008536  transposing  EU  law  in  the  field  of  discrimination 
provides  a  general  prohibition  of  direct  and  indirect  discrimination  based  on  sex  in  the 
access to, and the supply of, goods and services. Article 5 of the Act simply states that 
the Act applies to any private and public entity. 

9.3  Material scope 

The material scope of national law is broader than EU law as the exceptions have not been 
strictly implemented. Thus, the Act does not exclude, as the Directive does, the content 
of media or advertising from the non-discrimination principle. Concerning state and private 
education,  the  Act  merely  states  that  the  non-discrimination  principle  does  not  prohibit 
the organisation of non-mixed schools. 

529  Mercat-Bruns, M. (Ed.) (2020); Nouveaux modes de detection et de prevention de la discrimination et 

accès au droit: action de groupe et discrimination systémique, algorithmes et préjugés, réseaux sociaux et 
harcèlement, Société de législation comparée, Collection Trans Europe Experts, 
https://www.lgdj.fr/nouveaux-modes-de-detection-et-de-prevention-de-la-discrimination-et-acces-au-
droit-9782365170925.html. 

530  See experiment which was quickly terminated with Vera, Robot HR at L’Oréal selecting candidates for 

employment or Meteojob and its matching algorithm, similar to a head-hunter for companies, 
https://www.lesechos.fr/2018/03/meteojob-optimise-le-recrutement-987260. 

531  Coron, C. (2007), ‘Le big data RH: vers une nouvelle convention de quantification?’, Annales des Mines-

Gérer et compendre No. 3, 2007, p. 177. 

532  Attempts have been made in France to avoid the traditional navigators, https://www.ladn.eu/tech-a-

suivre/data-big-et-smart/needle-extension-web-naviguer-sans-algorithme-google/. 

533  Gadhoum, Y., Gueyie, J-P., Siala, M.K. (2007), ‘La décision de crédit: procédure et comparaison de la 
performance de quatre modèles de prévision d’insolvabilité’, Revue des Sciences de gestion 2, p. 177. 
534  On the cost of products for menstruation: https://www.allodocteurs.fr/maladies/gynecologie/pourquoi-les-

regles-coutent-cher_26235.html; on how competition law must also be analysed to understand how 
algorithms also reflect abuse of dominance, Chellet, P. (2020), ‘Prix personnalisé sur internet: la rencontre 
de la discrimination, de la concurrence et des données personnelles’, p. 94 in Mercat-Bruns, M. (Ed.) 
(2020); Nouveaux modes de detection et de prevention de la discrimination et accès au droit : action de 
groupe et discrimination systémique, algorithmes et préjugés, réseaux sociaux et harcèlement, Société de 
législation comparée, Collection Trans Europe Experts, https://www.lgdj.fr/nouveaux-modes-de-detection-
et-de-prevention-de-la-discrimination-et-acces-au-droit-9782365170925.html. 

535  Chellet, P. (2020), ‘Prix personnalisé sur internet: la rencontre de la discrimination, de la concurrence et 
des données personnelles’, p. 93 in Mercat-Bruns, M. (Ed.) (2020); Nouveaux modes de detection et de 
prevention de la discrimination et accès au droit: action de groupe et discrimination systémique, 
algorithmes et préjugés, réseaux sociaux et harcèlement, Société de législation comparée, Collection Trans 
Europe Experts, https://www.lgdj.fr/nouveaux-modes-de-detection-et-de-prevention-de-la-discrimination-
et-acces-au-droit-9782365170925.html; Marty F (2017), ‘Algorithmes de prix, intelligence artificielle et 
équilibres collusifs’, Revue internationale de droit économique, 2017 No. 2, p. 83.  

536  Act No. 2008-496 of 27 May 2008 transposing EU law in the field of discrimination (LOI n° 2008-496 du 27 
mai 2008 portant diverses dispositions d'adaptation au droit communautaire dans le domaine de la lutte 
contre les discriminations), available at: 
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000018877783. 

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9.4  Exceptions 

The Act does not exclude, as the Directive does, the content of media or advertising from 
the application of the non-discrimination principle. Concerning state and private education, 
the  Act  merely  states  that  the  non-discrimination  principle  does  not  prohibit  the 
organisation of non-mixed schools. 

9.5  Justification of differences in treatment  

Article 4(2) of the 2008 Act states that differences based on sex can be admitted when 
the  provision  of  goods  and  services  to  one  sex  is  justified  by  a  legitimate  aim  and  the 
means  for  achieving  that  aim  are  appropriate  and  proportionate.  Apparently,  there  has 
been no case law on the interpretation of this Article. 

9.6  Actuarial factors 

French legislation has deleted references to gender differentiations in the Insurance Code. 

9.7  Interpretation of exception contained in Article 5(2) of Directive 2004/113 

French legislation has made use of the exemption from the principle of equal treatment 
allowed  by  Article  5  Paragraph  2  of  Directive  2004/113/EC.  The  Test-Achats  ruling  was 
enforced in December 2012. A ministerial order adopted on 18 December 2012 states that 
gender  differentiations  can  only  apply  to  insurance  contracts  concluded  before 
20 December 2012 or those which are tacitly renewed (Order  of 18 December 2012  on 
equality  between  men  and  women  in  insurances,  JO  20  December  2012).  The 
implementation of the  Test-Achats ruling occurred at the last possible moment. Several 
months  later,  a  bill  was  adopted  (Act  No. 2013-672,  July  2013,  on  the  regulation  of 
banking activities) thereby modifying Article L. 111-7 of the Insurance Code, in order to 
implementation  of 
delete  any 
Directive 2004/113/EC seems to be satisfactory and the Test-Achats ruling has been taken 
into account.  

to  gender  differentiations.  The 

reference 

9.8  Positive action measures (Article 6 of Directive 2004/113) 

There are no positive action measures (Article 6 of Directive 2004/113/EC) in the field of 
non-discrimination in the consumption or supply of goods and services. 

9.9  Specific problems related to pregnancy, maternity or parenthood 

There are no specific problems related to pregnancy, maternity or parenthood in this area. 

9.10 Evaluation of implementation 

French legislation seems to conform with EU law. 

9.11 Remaining issues 

The  Defender  of  Rights  has  served  as  mediator  in  a  case  of  a  transgender  person  who 
could not get a bank to change the female identification to male on their bank accounts.537 

537  Defender of Rights, Mediation RA-2018-098 of 8 June 2018 

https://juridique.defenseurdesdroits.fr/index.php?lvl=notice_display&id=25266. 

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10  Violence  against  women  and domestic violence  in  relation to  the Istanbul 

Convention538 

10.1 General (legal) context 

10.1.1 Surveys and reports on issues of violence against women and domestic violence 

The Paris police department in 2022 conducted a report on continued sexual and domestic 
violence against women539 (some studies in 2022 show an increase in complaints)540 and 
according to a study of 26 August 2022, the Minister of  the Interior deplores that there 
were still 143 violent deaths in couples in 2021 which include 113 femicides541 despite the 
#MeToo movement and exposure through social media.542 

10.1.2 Overview of national acts on violence against women, domestic violence and issues 

related to the Istanbul Convention 

There are several relevant pieces of legislation in this regard: 

- 

- 
- 

- 

- 

Act No. 2021-1774 of 24 December 2021 on accelerating professional and economic 
equality of women and men includes a provision to safeguard the personal income 
of a spouse, by stipulating that it must be deposited in a personal account or joint 
account  in  her/his  name  to  avoid  transferring  the  victim’s  income  to  the  abuser’s 
personal account; 
Act No. 2019-1480 of 28 December 2019 to combat violence in the family;543 
Decree 27 May 2020 against violence in the family on restraining orders has been 
criticised because it only gives victims 24 hours to inform their spouse or ex-partner 
of the order, after which the request for the order expires;544  
Act No. 2018-771 of 5 September 2018 on the individual’s freedom to choose their 
professional future;545 
Act No. 2018-703 of 3  August 2018 reinforcing the fight against sexual and sexist 
violence;546 

538  See for more information: Nousiainen, K. and Chinkin, C. (2015), Legal implications of EU accession to the 

Istanbul Convention, European network of legal experts in gender equality and non-discrimination, 
available at: https://www.equalitylaw.eu/downloads/3794-legal-implications-of-eu-accession-to-the-
istanbul-convention; and De Vido, S., Sosa, L. (2021) Criminalisation of gender-based violence against 
women in European States, including ICT-facilitated violence, European Commission, available at: 
https://www.equalitylaw.eu/downloads/5535-criminalisation-of-gender-based-violence-against-women-in-
european-states-including-ict-facilitated-violence-1-97-mb. 

539  Report just prior to subsequent reforms by the Police Prefect of Paris of 19 January 2022 on the challenges 
of victims of sexual and domestic violence filing complaints in police stations in Paris and its suburbs (lack 
of confidentiality, only severe physical violence taken into account, inadequate monitoring of complaints, 
insufficient evaluation of danger, https://www.prefecturedepolice.interieur.gouv.fr/laccueil-des-femmes-
victimes-de-violences-conjugales-et-sexuelles. 

540  A statistical study of the Minister of the Interior reports that since 2016, complaints based on domestic 

violence have doubled (and +21 % in 2021 compared to 2020, 87 % de femmes), 
https://www.interieur.gouv.fr/Interstats/Publications/Interstats-Analyse/Interstats-Analyse-n-53-Les-
violences-conjugales-enregistrees-par-les-services-de-securite-en-2021. 

541  Study of the Minister of the Interior of 26 August 2022, https://www.interieur.gouv.fr/actualites/actu-du-

ministere/etude-nationale-sur-morts-violentes-au-sein-du-couple-2021. 

542  See discussion on the limited impact on continued sexual violence against women one year after the 

#MeToo movement in France, http://www.haut-conseil-egalite.gouv.fr/violences-de-
genre/actualites/article/cp-un-an-apres-metoo-la-lutte-contre-les-violences-sexistes-et-sexuelles-doit. 

543  Loi n° 2019-1480 du 28 décembre 2019 visant à agir contre les violences au sein de la famille. 
544  Décret n° 2020-636 du 27 mai 2020 portant application des articles 2 et 4 de la loi n° 2019-1480 du 28 

décembre 2019 visant à agir contre les violences au sein de la famille. 

545  Act No. 2018-771 of 5 September 2018 on the individual’s freedom to choose their professional future (LOI 

n° 2018-771 du 5 septembre 2018 pour la liberté de choisir son avenir professionnel). 

546  Act No. 2018-703 of 3 August 2018 reinforcing the fight against sexual and sexist violence (Loi n 2018-703 

du 3 août 2018 renforçant la lutte contre les violences sexuelles et sexistes). 

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- 

- 

- 

- 

Act  No. 2017-242  of  27  February  2017  modifying  the  duration  of  the  statute  of 
limitation  in  criminal  law  (six  years  in  the  case  of  sexual  assault  and  sexual 
harassment and 20 years in the case of rape);547 
Act No. 2016-444 of 13 April 2016 to reinforce the fight against the sex work system 
and giving support to prostitutes;548 
Act  of  17  August  2015  adapting  criminal  procedure  to  EU  law  (personalised 
evaluation of victim’s situation during criminal procedure);549 and 
Act  No. 2012-954  of  6  August  2012,  on  sexual  harassment,  JO  No. 182, 
7 August 2012,  p.  12 921.550Act  No. 2019-1480  of  28  December  2019  to  combat 
violence  in  the  family  and  prevent  femicides  sets  the  maximum  time  given  to  the 
family judge to deliver the restraining order at six days. 

10.1.3 National provisions on online violence including online harassment 

Act  No. 2018-703  of 3  August  2018551  reinforcing  the  fight  against  sexual  and  sexist 
violence has banned cyber harassment with a fine of up to EUR 45 000 and up to three 
years imprisonment (Article 222-33-2-2 of the Criminal Code).  

Act No. 2016-1321 on the Digital Republic of 2016552 provides for a sanction of two years 
imprisonment and a fine of up to EUR 60 000 in the case  of any  circulation without the 
consent of the individual of their voice or image in a public or private setting that is sexual 
in character (ban on revenge porn). 

10.1.4 Political and societal debate 

The recurring acts of femicide each year (resulting in 122 deaths of women in 2019, 102 
in 2020, 113 in 2021 and 112 in 2022)553 also created a need for additional measures in 
October 2019 to prevent these acts and protect the victim’s residence.554 These measures 
can be seen as essential in the mandatory period of confinement of 2020 to counter the 
COVID-19 pandemic and it led to a decrease of femicide cases that year555 after specific 
guidelines were issued for women and LGBTQ people who were disproportionately exposed 

547  Act No. 2017-242 of 27 February 2017 modifying the duration of the statute of limitation in criminal law 

(LOI n° 2017-242 du 27 février 2017 portant réforme de la prescription en matière pénale). 

548  Act No. 2016-444 of 13 April 2016 to reinforce the fight against the sex work system and giving support to 

prostitutes (LOI n° 2016-444 du 13 avril 2016 visant à renforcer la lutte contre le système prostitutionnel 
et à accompagner les personnes prostituées). 

549  Act of 17 August 2015 adapting criminal procedure to EU law (LOI n° 2015-993 du 17 août 2015 portant 

adaptation de la procédure pénale au droit de l'Union européenne). 

550  Act No. 2012-954 of 6 August 2012, on sexual harassment (LOI n° 2012-954 du 6 août 2012 relative au 

harcèlement sexuel). 

551  Act No. 2018-703 of 3 August 2018 reinforcing the fight against sexual and sexist violence, (loi n° 2018-

703 du 3 août 2018 renforçant la lutte contre les violences sexuelles et sexists). 

552  Act No. 2016-1321 of 7 October 2016 on the Digital Republic (Loi n° 2016-1321 du 7 octobre 2016 pour 

une République numérique). 

553  The number has decreased (90 women in 2020), but is still too high and the question remains whether the 

lockdown prevented women from leaving situations of domestic violence which can trigger femicides 
(custody and alimony issues), see: https://www.lemonde.fr/societe/article/2021/02/02/90-feminicides-ont-
ete-commis-en-2020-contre-146-en-2019-annonce-le-ministere-de-la-justice_6068512_3224.html.  
554  Act No. 2019-1480 of 28 December 2019 to combat violence in the family (Loi n° 2019-1480 du 28 

décembre 2019 visant à agir contre les violences au sein de la famille), implemented by the Decree of 27 
May 2020 on restraining orders, which has been criticised because it only gives victims 24 hours to inform 
their spouse or ex-partner of the order, after which the request for the order expires (Décret n° 2020-636 
du 27 mai 2020 portant application des articles 2 et 4 de la loi n° 2019-1480 du 28 décembre 2019 visant à 
agir contre les violences au sein de la famille); 
https://www.lemonde.fr/societe/article/2020/06/09/violences-conjugales-les-ordonnances-de-protection-
menacees-par-un-decret_6042245_3224.html. 

555  The number has decreased (90 women in 2020, still too many) and the question remains whether the 
lockdown prevented women from leaving situations of domestic violence which can trigger femicides 
(custody and alimony issues), see: https://www.lemonde.fr/societe/article/2021/02/02/90-feminicides-ont-
ete-commis-en-2020-contre-146-en-2019-annonce-le-ministere-de-la-justice_6068512_3224.html.  

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to violence during the health crisis.556 These public policy actions were launched following 
three  months  of 
to 
25 November 2019)  instigated  by  the  Prime  Minister  to  adopt  new  measures557  on  the 
issue of domestic violence and femicide.558 The budgetary support for violence prevention 
and a gender mainstreaming perspective in public policy included:  

local  and  national  brainstorming 

(from  3  September 

‘1) 

2) 
3) 
4) 

6) 

building a culture of gender equality in the early stages of life (awareness 
raising against bias of youth); 
combating poverty and social exclusion of men and women; 
eliminating the barriers against effective equality in employment; 
limiting  inequalities  in  the  health  sector;  5)  combating  violence  against 
women, protecting victims and preventing criminal recidivism; 
promoting women in diplomacy on the international level’.559  

Some of these broad  objectives are in line with the 2020-2025 equality strategy  of the 
European  Commission.560  The  law  of  30  July  2020  to  protect  victims  of  domestic 
violence,561  which  is  intended  to  prevent  femicides,  is  a  response  to  a  November  2019 
report  by  the  High  Council  on  Equality.  Despite  2019  measures  such  as  a  new  24-hour 
hotline, 80 new appointments of specialised social workers in police departments by 2021, 
reaction to retaliation through forced suicide (now in the Criminal Code, as introduced by 
the  2020  law),562  audits  on  violence  against  women  (VAW)  in  police  stations  and  the 
development of shelters, the evaluation concluded that: 1) women facing VAW need to be 
heard  (need  for  better  reception,  evaluation  of  perpetrator’s  dangerousness,  improved 
processing  time  and  criminal  enforcement);  and  2)  the  protective  response  must  be 
increased without delay (women-only specialised shelters should have greater support and 
at least 1 500 ‘great danger’ phones (téléphone grave danger – TGD) should be issued).  

556  It seems appropriate to consider the scope of the measures adopted in 2019 in light of the subsequent 
amplifying effect of the COVID-19 pandemic on gender inequality. The health crisis has taken its toll 
particularly on women during the period of mandatory confinement from March to May 2020. The 
Government has taken measures to curtail the increase in domestic violence. Some of the most essential 
jobs during the health crisis (healthcare workers, cashiers, cleaning services) were in sectors dominated by 
women, which exposed them more to risks of contamination and finally the period of confinement has 
limited access to healthcare for pregnant women and women requiring abortions. Telework has been 
particularly hard on families with small children. Easier guidelines (contacts in shelters and hotlines) for 
women, https://www.egalite-femmes-hommes.gouv.fr/sites/efh/files/migration/2020/07/Rapport-Les-
violences-conjugales-pendant-le-confinement-EMB-23.07.2020.pdf.  

557  This initiative is called the ‘Grenelle des violences conjugales’: it took the form of over 100 local and 

national meetings between stakeholders on the issue (healthcare workers, local politicians, lawyers, judges, 
NGOs, families of victims) to discuss future policies. New measures to protect women victims of violence 
were adopted by the Assembly in 2020, http://www.assemblee-nationale.fr/dyn/15/textes/l15t0390_texte-
adopte-seance and have just been adopted unanimously by the Senate, https://www.senat.fr/petite-loi-
ameli/2019-2020/483.html; https://www.lemonde.fr/societe/article/2020/06/10/une-proposition-de-loi-
destinee-proteger-les-victimes-de-violences-conjugales-adoptee-au-senat_6042318_3224.html. Act 
No. 2020-936 of 30 July 2020 focused on protecting victims of domestic violence. The provisions include a 
right given to doctors to inform authorities of an immediate danger to the victim ‘under influence’ prevailing 
over the confidentiality rule, increased sanctions for harassment if there is a possible threat of suicide, 
banning the geolocating of victims without their consent and for cyberviolence through recurring messages 
to victims. 

558  See the public evaluation three years later of this initiative: https://www.egalite-femmes-

hommes.gouv.fr/trois-ans-apres-le-lancement-du-grenelle-des-violences-conjugales-le-gouvernement-
renforce-encore. 

559  See: https://www.gouvernement.fr/upload/media/default/0001/01/2019_11_dossier_de_presse_-

_cloture_du_grenelle_contre_les_violences_conjugales_-_25.11.2019.pdf. 

560  Communication from the Commission to the European Parliament, the Council, the European Economic and 

Social Committee and the Committee of the Regions – A Union of Equality: Gender Equality Strategy 
2020-2025 COM/2020/152 final, https://eur-lex.europa.eu/legal-
content/EN/TXT/?uri=COM%3A2020%3A152%3AFIN. 

561  Act No. 2020-936 on protecting victims of domestic violence (LOI n° 2020-936 du 30 juillet 2020 visant à 

protéger les victimes de violences conjugales), 
https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000042176652?r=kJ6WmxR2fa. 

562  Following the law of 2020, Article 222-33-2-1 Criminal Code. 

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For those reasons, the law of 2020 provided for more prevention from retaliation with the 
introduction of a requirement for the perpetrator to wear an electronic monitor under long-
term protective orders563 and the possibility to allow doctors to violate confidentiality rules 
and inform public prosecutors about domestic violence if there is immediate danger and a 
need  to  protect  the  victim  under  undue  influence  by  the  perpetrator,  with  the  victim’s 
consent  except  if  it  is  negated  for  reasons  of  age  and  physical  or  mental  capacity 
(Article 12).  On  International  Women’s  Day,  5  November  2020,  the  new  Minister  for 
Equality, Elizabeth Moreno, explained that of 46 measures of the Grenelle Plan on domestic 
violence, published on 3 September 2019,564 28 had been implemented, 18 were underway 
and the others had been launched.565 Hence, the French Government considers that it has 
developed a real policy (after public consultation) on violence against women especially 
with  new  shelters,566  the  new  platform  for  police  to  locate  available  housing,  to  offer 
guarantees  to  back  rentals  for  victims,  to  monitor  perpetrators  electronically,  and  to 
designate  specific  public  prosecutors  in  172  courts  and  speed  up  trial  procedures  to  15 
days  in  special  dedicated  chambers.567  After  an  incest  scandal  involving  a  famous 
constitutional law professor,568 a new bill was adopted on protecting minors against sexual 
crimes.  The  law  will  reinforce  the  protection  of  minors  from  incest  and  non-consenting 
sexual relations, enabling the prevention of systemic and disproportionate violence against 
girls.569 

In June 2021, following recurring femicides, the Prime Minister announced new measures 
to thwart gender-based violence: increasing the number of electronic bracelets to enforce 
restraining orders; creation of a shared register for authors of domestic violence; creation 
of a national authority on the issue that would work with NGOs and specialised teams who 
could  monitor  individual  cases,  composed  of  judges,  law  enforcement  officers  and 
probation officers. In November 2021, the Government summarised the initiatives that it 
had taken during the year.570 

The Act No. 2021-1774 of 24 December 2021 on accelerating professional and economic 
equality  of  women  and  men  has  focused  on  economic  violence  in  domestic  disputes.  It 
includes a provision to safeguard the personal income of a spouse, by ensuring that income 
must  be  deposited  in  a  personal  account  or  joint  account  in  her/his  name  to  avoid 
transferring the victim’s income to the abuser’s personal account. Article 1 of the new law 
provides that, by 27 December 2022, when wages are paid through a transfer to a bank 
or  postal  account,  it  must  only  be  to  a  personal  or  joint  account  of  the  employee.  The 
worker will not be able to indicate a third party as beneficiary of his/her wages (Article L. 
3241-1 LC). In other words, wages of a woman or a man cannot be deposited in an account 
that is not in her/his name. Article 3 of the law extends the same obligation to the deposit 
of social benefits to a beneficiary. 

563  Article 515-11-1 Civil Code (law 2020 cited); see Article 138 Criminal Code in the case of 

violation/electronic device.  

564  Supra note 16. 
565  See: https://www.egalite-femmes-hommes.gouv.fr/communique-bilan-du-grenelle-des-violences-

conjugales-25-11-2020/.  

566  One thousand are to be introduced by 2021. 
567  First test Court in Creteil. 
568  Kouchner, C. (2021), La Familia Grande, Le Seuil.  
569  On 26 March 2021, Bill No. 4029 protecting young minors from sexual crimes pending, was adopted in both 

houses and is currently in front of National Assembly constitutional committee, before final adoption, 
https://www.assemblee-nationale.fr/dyn/15/dossiers/DLR5L15N40997. La loi ‘visant à protéger les jeunes 
mineurs des crimes sexuels’: new offences with a dual limit on sexual consent (no consent for sexual 
relations under the age of 15 and no consent to incestual sexual relations before 18) except ‘Romeo and 
Juliet’ love stories between 13 years old with an 18 year old (5 years difference maximum), new sliding 
statute of limitation for sexual crimes against minors (more than 30 years) if perpetrator assaults other 
victims in the meantime and other measures (sextortion on internet, prostitution of minors….); now 
adopted Act No. 2021-478 21 April 2021 focused on protecting minors of crimes and sexual misdemeanours 
and incest (loi n° 2021-478 du 21 avril 2021 visant à protéger les mineurs des crimes et délits sexuels et 
de l’inceste), https://www.legifrance.gouv.fr/loda/id/JORFTEXT000043403203/. 

570  See: https://www.gouvernement.fr/sites/default/files/document/document/2021/11/dossier_de_presse_-

_25-novembre.pdf.  

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10.2 Ratification of the Istanbul Convention 

France has ratified the Istanbul Convention (IC), with Law No. 2014-476 of 14 May 2014571 
authorising the ratification of the Convention. The Convention was ratified on 4 July 2014 
and  entered  into  force  on  1  November  2014.  The  coordination  body  is  the  Directorate-
General  of  Social  Cohesion,  Ministry  of  Social  Affairs,  Health  and  Women’s  Rights.  The 
many legislative changes described above aim to ensure compliance with the Convention. 

571  Act No. 2014-476 of 14 May 2014 authorising the ratification of the Convention (Loi n° 2014-476 du 14 mai 
2014 autorisant la ratification de la convention du Conseil de l'Europe sur la prévention et la lutte contre les 
violences à l'égard des femmes et la violence domestique). 

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11  Compliance  and  enforcement  aspects  (horizontal  provisions  of  all 

directives)  

11.1 General (legal) context 

11.1.1 Issues related to the pursuit of a discrimination claim 

An  important  report  by  the  Defender  of  Rights  about  access  to  discrimination  claims  in 
terms  of housing  shows that single mothers are particularly affected by these practices 
and have difficulties in proving claims without investigations by the public authorities.572 

11.1.2 Political and societal debate and pending legislative proposals 

A  reform  of  justice  was  adopted  in  2019,573  which  groups  local  district  courts  together 
(Tribunal d’instance et de grande instance) and has been criticised as limiting access to 
justice. The Defender of Rights has pointed out this risk.574  

11.1.3 Gender mainstreaming 

Articles L. 1225-1 to L. 1225-72 of the  Labour  Code cover positive measures to protect 
pregnancy,  maternity,  and  parental,  maternity  and  paternity  leave  and  have  been 
enhanced  by  Act  No. 2014-873  of  4  August  2014,  on  real  equality  between  men  and 
women. Article 1 of the Act imposes on the state and its institutions an integrated approach 
to enforcing its policy on equality. For the Government, it consists of ‘systematically taking 
into consideration the differences in situations between women and men in all policies and 
public programmes and providing, if necessary, targeted actions to correct inequalities’. 575  

The term ‘real equality’ stems directly from the Government’s desire to conform with EU 
law on equality and anti-discrimination, which refers directly to the Charter of Fundamental 
Rights  (Article  23),  the  ‘possibility  of  enforcing  positive  actions’,  the  Women’s  Charter 
signed  by  the  EU  in  2010  and  the  conclusion  of  the  European  Pact  for  Gender  Equality 
(2011-2020).576 

This Act gives a more substantive view of equality by adopting a gender mainstreaming 
perspective,  for  example,  in  employment,  self-employment  and  domestic  life  by 
preventing  violence  or  promoting  gender  diversity  (mixité),  as  well  as  extending  parity 
rules.577  Without  defining  positive  action,  the  concept  of  parity,  as  the  balanced 
representation of women and men,578 beyond equality, is central to Act No. 2011-103 of 
27 January 2011, relating to balanced participation between men and women on company 
boards in the private sector, and Act No. 2012-347 of 12 March 2012, on access to the 

572  Defender of Rights, access to rights survey No. 5: discrimination and access to rented accommodation, 
available at: https://www.defenseurdesdroits.fr/fr/communique-de-presse/2017/12/enquete-acces-aux-
droits-ndeg5-discriminations-et-acces-au-logement. 

573  Act No. 2019-222 of 23 March 2019 on programming 2018-2022 and reform of the justice system (Loi 

n°2019-222 du 23 mars 2019 de programmation 2018-2022 et de réforme pour la justice). 

574  Defender of Rights, press release on justice system reform: 

https://www.defenseurdesdroits.fr/fr/communique-de-presse/2018/11/reforme-de-la-justice-le-defenseur-
des-droits-denonce-des-atteintes-a. 

575  Secrétariat d’Etat chargé de l’égalité entre les femmes et les hommes (2017), Vers l’égalité réelle entre les 
femmes et les hommes: Chiffres clés 2017 (Towards real equality between women and men: key figures 
2017), p. 4. 

576  Secrétariat d’Etat chargé de l’égalité entre les femmes et les hommes (2017), Vers l’égalité réelle entre les 
femmes et les hommes: Chiffres clés 2017 (Towards real equality between women and men: key figures 
2017), p. 4. 

577  See recent statistics on real equality between men and women, https://www.egalite-femmes-

hommes.gouv.fr/sites/efh/files/2023-
01/Chiffres%20cle%CC%81s%20de%20l%27e%CC%81galite%CC%81%202021_ed2022_web.pdf. 
578  The Constitutional law of 8 July 1999 completed Article 3 of the Constitution and describes parity not as 

preferential treatment for women only, but as balanced representation: ‘The law favours equal access for 
women and men to elected offices and posts’. 

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civil service and improvement of conditions of employment for contractual employees in 
the civil service and combating discrimination.579  

There  seems  to  be  another  more  recent  effort  to  enrich  the  meaning  of  substantive 
equality  based  on  a  more  quantitative  evaluation  of  corrective  measures  in  the  private 
sector  with  the  new  decree  on  the  gender  pay  gap  of  2019,  which  was  adopted  to 
implement the law of 5 September 2018. 

The Act of 24 December 2021 on accelerating professional and economic equality has a 
very large scope and takes a gender mainstreaming approach to eliminate barriers to the 
inclusion of women and men in different spheres of the labour market.580 The measures 
include  increasing  the  number  of  women  in  high-ranking  positions  outside  executive 
boards by extending parity rules, reinforcing wage transparency rules, reducing risks of 
economic violence in the domestic sphere, promoting investment in start-ups, providing a 
right  to  professional  training  before  the  end  of  any  parental  leave,  developing  gender 
statistics in higher education and facilitating online work for pregnant workers. 

11.2 Victimisation 

Concerning victimisation, the Labour Code states that no employee can be the subject of 
disciplinary action, be dismissed or be subject to a discriminatory act for having testified 
to having witnessed discrimination or having talked about it (Article L. 1132-3). The 2008 
Act on the transposition of EU law in the field of anti-discrimination581 has extended the 
scope of this provision to the public sector. The protection against victimisation complies 
with the directives. 

11.3 Access to courts 

11.3.1 Difficulties and barriers related to access to courts 

Act No. 2016-1547, 18 November 2016, on modernisation of justice in the 21st century 
was  adopted  to  include  a  group  action  (type  of  class  action)  for  discrimination  cases  in 
order  to  litigate  collective  discrimination,  which  can  be  systemic  in  employment, 582 
covering  all  fields  (housing,  goods  and  services,  access  to  health  services,  etc.).  In 
employment,  only  unions  are  entitled  to  the  right  to  file  a  lawsuit,  which  can  create  a 
barrier  for  groups  who  are  marginalised.  This  difficulty  has  been  mentioned  by  the 
Defender  of  Rights.583  The  first  group  action  was  introduced  (in  March  2018),584  for 
discrimination based on membership of a trade union, and the second one585 on sex-based 
wage discrimination, rather than on the glass ceiling effect in a number of companies. 

579  For appointments to the top management positions of the public sector, there must be a 40 % 

representation of each sex. 

580  Act No. 2021-1774 on accelerating professional and economic equality between men and women. 
581  Act No. 2008-496 of 27 May 2008 transposing EU law in the field of discrimination (Loi n° 2008-496 du 27 
mai 2008 portant diverses dispositions d'adaptation au droit communautaire dans le domaine de la lutte 
contre les discriminations). 

582  See report by Pecaut-Rivolier, L. (2016), Discrimination collective en entreprise (Collective discrimination in 

companies), Report for the Ministry of Justice, cited. 

583  Defender of Rights, Opinion of 28 October 2015 (Avis du Défenseur des droits n° 15-23), available at: 
https://www.defenseurdesdroits.fr/sites/default/files/atoms/files/ddd_avis_20151028_15-23.pdf. 
584  Marjorie Caro, M., Champeaux, F. (2018), ‘La première action de groupe devant le TGI de Paris’, 

29/03/2018 Semaine Sociale Lamy, n°1809. http://www.wk-rh.fr/actualites/detail/101925/la-premiere-
action-de-groupe-devant-le-tgi-de-paris.html. 

585  Aizicovici, F. (2019) ‘La CGT s’empare de l’action de groupe pour lutter contre les discriminations envers les 
femmes’, Le Monde, 5 June 2019. https://www.lemonde.fr/economie/article/2019/06/05/la-cgt-s-empare-
de-l-action-de-groupe-pour-lutter-contre-les-discriminations-envers-les-femmes_5471660_3234.html. 

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Amendments have been introduced to give access to NGOs in employment to start class 
action  suits  outside of  unions through the bill  pending  No.639  of 15  December 2022 to 
amend the French class action.586 The Defender of Rights made a formal evaluation of the 
implementation of the French class action in matters of discrimination587 and describes its 
potential role in furthering equality and its inherent limits, thus justifying future legislative 
changes especially regarding collective redress.588 

11.3.2 Availability of legal aid 

Act No. 91-647 of 10 July 1991 amended by the law of 29 December 2020 (Article 243) 
and Decree No. 91-1266 of 19 December 1991 provide for legal aid that is needs-based. 
Decree  No. 2021-810  of  24  June  2021  adds  provisions  for  legal  aid  outside  of  court 
procedures. 

11.4 Horizontal effect of the applicable law 

11.4.1 Horizontal effect of relevant gender equality law 

The horizontal effect of gender equality law does not pose a question of compliance. On 
the contrary, courts refer regularly to the fundamental principle of equal treatment linked 
to sex discrimination which allows them to disapply a norm which is not in conformity with 
EU  law  with  regard  to  justification  of  categorisation  linked  to  collective  bargaining 
agreements, even when the question is not directly linked to questions of discrimination.589  

11.4.2 Impact of horizontal direct effects of the charter after Bauer  

The horizontal direct effect of the EU Charter seems to be enhanced after Bauer. There is 
no similar case in France at this time. However, on this point, the Court of Cassation in a 
decision of 3 April 2019 refers to the impact of the ‘Charter in relation to the application 
of the general principle of equality (Article 51 §1)’, indicating that ‘the principle applies to 
the  actions  of  public  authorities  but  also  to  all  agreements  which  collectively  regulate 
subordinate  employment’  and  the  Court  directly  cites  EU  case  law  (ECJ,  8  April  1976, 
Defrenne, 43-75, point 39; of 27 June 1990, Kowlaska, C-33/89, point 13; 17 July 2008, 
Raccanelli,  C-94/07,  point  45;  of  17  April  2018,  Egenberger,  C-414/16,  point  77).  The 
Court  of  Cassation  continues  by  recalling  ‘the  need  for  Member  state  judges  to  render 
inapplicable any national provision if it is discriminatory and to apply the same regime to 
the disadvantaged group’ (citing CJEU, Milkova, 9 March 2017, C-406/15, point 67).590  

11.5 Burden of proof 

Employees  or  job  applicants  who  feel  that  they  have  been  discriminated  against  must 
present  the  court  with  evidence  ‘that  leads  one  to  believe  that  direct  or  indirect 
discrimination has taken place’. In light of this evidence, it is up to the defendant to ‘prove 
that the decision taken was justifiable according to objective facts that had no connection 
with any form of discrimination’ (Article L. 1132-3-3). Article 4 of the 2008 Act extends 
the application of this principle to civil and administrative procedures. Thus, the same rules 
apply in the administrative courts (see, for example, Council of State, 10 January 2011, 

586  Proposition de loi n°639 relative au régime juridique des actions de groupe, https://www.assemblee-

nationale.fr/dyn/16/textes/l16b0639_proposition-loi. 

587  Law No. 2016-1547 on the modernisation of justice, Part VII (Article 60 et seq.) (Loi n° 2016-1547 du 18 

novembre 2016 de modernisation de la justice du XXIe siècle). 

588  Defender of Rights Opinion No. 20601, 5 February 2020, Report on the application of the class action 
mechanism (Avis du Défenseur des droits n°20-01 du 5 fév. 2020) and Defender of Rights Opinion 
No. 23_03, 23 February 2023 related to the bill No. 639 on the legal framework of group actions, 
https://juridique.defenseurdesdroits.fr/doc_num.php?explnum_id=21584. 

589  Court of Cassation, No. 17-11.970, 3 April 2019. 
590  Court of Cassation, No. 17-11.970, 3 April 2019. 

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No. 325268).  Algorithms  can  be  used  to  raise  the  presumption  of  discrimination  in 
recruitment if the statistics are sufficient.591 

The Court of Cassation has heard a case which is very similar to the ECJ Meister592 case 
(Social chamber, 19 December 2012, No. 10-20526). Two employees asked the judges to 
oblige the employer to provide the information needed about the remuneration of other 
employees in order to establish a case of discrimination. The legal basis of their claim was 
Article 145 of the Code of Civil Procedure which states that:  

‘If there is a legitimate reason to preserve or to establish, before any legal process, 
the evidence of the facts upon which the resolution of the dispute depends, legally 
permissible preparatory inquiries may be  ordered at the  request of any interested 
party, by way of a petition or by way of a summary procedure’.  

In  applying  this  Article,  the  Court  of  Cassation  stated  that  respecting  an  employee’s 
personal  life  and  respecting  the  employer’s  business  secrets  are  not  in  themselves  an 
obstacle to the application of this Article when a national court finds that the requested 
measures  are  legitimate  and  are  necessary  for  the  protection  of  the  rights  of  the  party 
who has requested them. The Court of Appeal was right in deciding that the employees 
had a legitimate aim in demanding the communication of information  necessary  for the 
protection of their rights, information that only the employer had access to and had refused 
to communicate. 

In the Court of Cassation case of 3 April 2019, the judges note the evidentiary shift of the 
burden  of  proof  in  discrimination  cases  derived  directly  from  EU  law  that  prohibits  a 
generalised presumption of justification of all categories laid out by collective bargaining 
agreements.593 The Court of Cassation also confirmed that the shift of the burden of proof 
in cases of discrimination does not prevent the claimant from requesting from the judge, 
on  the  basis  of  Article  145  of  the  Code  of  Civil  Procedure,  an  additional  preliminary 
investigation that he/she deems useful in the future for the merits of the case.594  

In a Court of Cassation case of 16 March 2021, the judges considered that an employer 
cannot  justify  the  refusal  to  hand  over,  through  a  court  order,  information  about  pay 
grades and the ages of colleagues in a comparable situation to protect the right of privacy 
of the employees concerned.595 The employer had requested the employees’ consent to 
give  the  information  and  some  had  refused.  The  Court  of  Cassation  decided  that  the 
employer must produce the information despite the refusal of the employees as long as 
this communication was necessary to exercise the right to prove discrimination and was 
proportionate to this goal, according to Article 6 of the ECHR. In other words, as long as 
the request for the production of evidence on the pay of comparators respects the standard 
of  necessity  and  proportionality,  the  employer  must  give  the  evidence  despite  the 
employees’ right to privacy. 

The  Defender  of  Rights  in  August  2022  set  out  a  very  important  framework  decision 
explaining all the tools and methods necessary in terms of evidence of discrimination.596 

591  See for a civil service candidate, Council of State (Conseil d’Etat) No. 383459 16 Oct. 2017. 
592  ECJ 19 April 2012, Case C-415/10 ECLI:EU:C:2012:217. 
593  See, recently, Court of Cassation, No. 17-11.970, 3 April 2019 and the explanatory note by the Court, 
https://www.courdecassation.fr/jurisprudence_2/notes_explicatives_7002/relative_arret_41944.html. 

594  Court of Cassation, No. 19-26144, 22 September 2021. 
595  Court of Cassation, No. 19-21.063 F, 16 March 2021, 

https://www.legifrance.gouv.fr/juri/id/JURITEXT000043302197?init=true&page=1&query=19-
21.063&searchField=ALL&tab_selection=all.  

596  Framework decision No. 2022-139 of 31 August 2022 (Décision-cadre du Défenseur des droits n°2022-

139), available at: https://juridique.defenseurdesdroits.fr/doc_num.php?explnum_id=21447. 

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11.6 Remedies and sanctions  

11.6.1 Types of remedies and sanctions 

Any discriminatory actions by employers are regarded as null and void, and the employee 
retains  all  previously  held  rights.  In  the  context  of  a  dismissal,  this  means  that  any 
dismissal  on  discriminatory  grounds  could  be  annulled  and  a  worker  dismissed  on  a 
discriminatory ground can claim reinstatement and be regarded as never having  left the 
job. This is a specific sanction for discriminatory acts. In a case where the employee does 
not  want  to  continue  the  employment  relationship,  they  have  been  eligible  for  a 
compensatory  payment  since  2012.  Sanctions597  are  also  possible  if  companies  do  not 
respect their obligation to negotiate and to conclude agreements on gender equality. As a 
consequence, gender equality has become an issue of negotiation at the enterprise and 
sectoral levels. 

The labour reform of 2017598 has modified the structure of representative bodies in private 
companies. The employer must still submit information to the new Social and Economic 
Council (CSE) as well as discuss equality issues and measures aiming at improving equality 
with the CSE. However, in light of the wide range of competencies of the new CSE and its 
reduced  number  of  members,  this  information  risks  being  taken  into  account  less 
frequently than previously. 

The  Court  of  Cassation  has  clarified  that  if  an employee  asks  the  judge  for  a  breach  of 
contract following acts of harassment and discrimination and is later fired, the judge can 
only  declare  the  dismissal  null  and  void  and  award  remedies  for  the  harassment  and 
discrimination  but  not  reinstatement  given  the  first  request  to  end  the  employment 
relationship.599 

The  Court  of  Cassation  has  confirmed  that  the  evaluation  of  the  damages  linked  to 
discrimination  is  not  limited  to  the  statute  of  limitation  of  five  years  during  which  the 
plaintiff  can  engage  in  a  legal  action  but  from  the  moment  the  plaintiff  is  aware  of  the 
discrimination  and  can  encompass  the  whole  career  of  the  plaintiff  based  on  the 
investigations of the labour inspector.600 

11.6.2 Effectiveness, proportionality and dissuasiveness 

The French system of remedies might not always be very dissuasive because the damages 
do not go beyond  reparation (they never  represent more than the  compensation  of the 
harm itself)601 even though the recent cap on damages602 for unfair dismissal603 does not 
apply to discrimination and harassment law (Article L. 1132-4). The French system is also 
resistant to any inclusion of punitive damages in the law as reflected in the pending reform 
of  tort  liability,  which  excluded  the  introduction  of  punitive  damages,  preferring  a  civil 
fine.604  

597  The sanction is a financial penalty of up to 10 % of the remuneration (subject to social security contribution 

being paid). 

598  Acts of September 2017 mentioned above inserted into Law No. 2018-217 of 29 March 2018. 
599  Court of Cassation, No. 19-21.200, 27 January 2021.  
600  Court of Cassation, No. 20-10140, 5 January 2022.  
601  There is a saying in French procedural law: ‘the whole remedy, but just the remedy’. 
602  Executive Order No. 2017-1387, 22 September 2017. 
603  Four labour courts resisted the application of a cap on unfair dismissal in the labour law reform: Labour 

Court of Troyes, 13 December 2018, Labour Court of Amiens, 19 December 2018, Labour Court of Lyon, 21 
December 2018 and 7 January 2019. 

604  Javaux, B. (2019), ‘L’amende civile: entre sanction pénale et punitive damages?’, Semaine Juridique 11 
February 2019, p. 276, available at: http://www.tendancedroit.fr/wp-content/uploads/2019/02/En-
questions-1.pdf. 

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11.7 Equality body  

The enforcement of gender equality law and the monitoring of access to justice are two of 
the missions of the Defender of Rights which produce cross fertilisation in the strategies 
to recommend better  legal redress and mediation as well as  more  enforcement of anti-
discrimination  law.  The  issue  of  intersectional  or  multiple  discrimination,  to  which  the 
Defender of Rights is particularly  sensitive through its actions and reports, reflects how 
gender disadvantage is particularly linked to the issue of access to justice.605 The Defender 
of Rights also acts as a protector of whistle-blowers in France606 and its powers as well as 
the protection of whistle-blowers from discrimination have been extended in 2022.607 

11.8 Social partners  

In France, the social partners have been instrumental in developing a robust body of law 
on trade union discrimination and on the application of the shift of burden of proof, as well 
as on the right comparator in litigation on direct discrimination in promotion and pay.608 
Collective  bargaining  now  includes  negotiations  on  gender  equality,  work-life  balance, 
prevention of sexual harassment and positive action. 

11.9 Other relevant bodies 

The High Council on Equality, which looks at issues such as the plight of female migrants, 
online work, violence against women, gender balance in the political sphere, and conducts 
in-depth studies of structural gender inequality in the workplace, is an important authority 
in influencing and monitoring the enforcement of gender equality and compliance with EU 
law.609 

11.10 Evaluation of implementation 

The question of access to justice and effective enforcement in France is also linked to a 
political  move  to  promote  alternative  dispute  resolution  mechanisms  instead  of  legal 
recourse in courts and in some respect under the current Defender of Rights. Apart from 
promoting  the  agency  of  victims  of  violence  in  the  presidential  plan  on  equality,  the 
emphasis of the Government seems to be more on developing mechanisms of compliance, 
and prevention of gender discrimination and of violence against women and harassment. 
The reform of the Law on Justice of 2019 seems to confirm this trend610 and the laws on 
sexist and sexual violence at home and in the family in 2019 and 2020 have started to 
introduce the idea that specific sanctions or aggravated circumstances and enforcement 
need to target gender-based violence specifically as manifestations of inequality in light of 
the Istanbul Convention. The class action bill introduced in 2022 and still pending which 
opens up to NGOs the possibility of litigating in employment outside of job recruitment, 
might create stronger impetus to engage in legal actions on collective and structural forms 
of gender discrimination like the glass ceiling. 

605  See Defender of Rights (2019), Symposium on the multiplication of grounds of discrimination: stakes, 

effects and perspectives, available at: https://www.defenseurdesdroits.fr/fr/actes-de-
rencontre/2019/01/actes-du-colloque-multiplication-des-criteres-de-discrimination-enjeux.  

606  Loi organique n° 2016-1690 du 9 décembre 2016 relative à la compétence du Défenseur des droits pour 
l'orientation et la protection des lanceurs d'alerte, https://www.defenseurdesdroits.fr/fr/lanceurs-dalerte. 
607  Act No. 2022-401 of 21 March 2022 to improve the protection of whistle-blowers (LOI n° 2022-401 du 21 

mars 2022 visant à améliorer la protection des lanceurs d'alerte), 
https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000045388745. 

608  See the Clerc Method of panels of comparison and proof of damages for discrimination during a whole 
career, Chappe, V-A. (2011), ‘La preuve par la comparaison: méthode des panels et droit de la non-
discrimination’, Sociologies Pratiques 2011/2, pp. 45-44, available at: https://www.cairn.info/revue-
sociologies-pratiques-2011-2-page-45.htm. 
609  See: https://www.haut-conseil-egalite.gouv.fr/. 
610  Law No. 2019-222 of 23 March 2019 (Loi n° 2019-222 du 23 mars 2019 de programmation 2018-2022 et 

de réforme pour la justice). 

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11.11 Remaining issues 

There are no remaining issues. 

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12  Overall assessment  

The  following  transposition  problems  and  some  improvements  were  mentioned  in  this 
report: 

- 

- 

- 

- 

- 

- 

- 

Transposition of work-life balance directive has been complete since January 2023. 

Better access to class action is pending. 

Protection  of  women  against  recurring  violence  is  improved  but  still  inadequate 
despite efforts for reform. 

Taking  parental  leave  is  not  attractive  to  men  because  of  the  leave  duration  and 
meagre financial support, however mandatory paternity leave has been extended. 

Monitoring and enforcement of prohibition of sex discrimination in job classifications 
needs to be reinforced in highly sex-segregated sectors despite the introduction of 
better  wage  indicators  and  corrective  measures  before  the  proposal  of  the  wage 
transparency directive. 

Positive action through parity rules in executive boards were finally extended to other 
positions of power in companies (strategic committees and high-level management) 
and  awareness-raising  on  stereotypes  in  schools,  tools  against  gender-based 
economic violence and stronger financial sanctions will be introduced progressively 
to discourage sex discrimination in promotions and respond to the need to combat 
systemic gender discrimination, with the adoption of the law of December 2021 on 
professional and economic equality to reduce multiple barriers to inclusion;611  

resistance 

Strong  political 
is 
recognising 
compensated in part by more numerous symposiums in law, academic research on 
the topic612 and by some interesting case law which combines grounds (gender and 
physical appearance).613 

intersectional  discrimination 

to 

Nevertheless,  French  law  seems  to  implement  most  areas  of  EU  law  correctly,  not  only 
through  legislative  change  linked  to  worldwide  trends  in  new  technology  and  on  digital 
law, sexual harassment law and work-life balance initiatives, but because of the impetus 
given  through  the  investigations  by  the  Defender  of  Rights  in  individual  cases  and  the 
awareness-raising by the Court of Cassation and the Council of State on the fundamental 
rights enshrined in EU equality law. The new enforcement of equal pay compliance through 
indicators and corrective measures in the Act of 24 December 2021 still gives companies 
ways  to  postpone  financial  sanctions  and  there  is  still  a  lack  of  an  effective  means  of 
monitoring the role of collective bargaining agreements on gender equality. A class action 
of 2016 on sex discrimination in pay using the collective redress group action mechanism 
might help enforce the new law on gender wage gap indicators.614 The French authorities 
seem  to  be  attached  to  promoting  positive  action  for  real  equality  in  parity  rules  and 
gender-neutral compensation in retirement for interruption of careers, recently extending 
the scope of these rules in the public sector. There are still some areas of resistance linked 
to  parental  leave,  which  is  still  less  attractive  to  men,  multiple  discrimination 
(sex/disability, sex/religion and non-binary/transgender) and hostile environment sexual 

611  See Flash report on the new law of December 2021, EELN website EU Equality Law review 2022/1 

(upcoming publication). 

612  Mercat-Bruns, M. (2022) ‘La discrimination intersectionnelle et sa critique: quel intérêt?’ (Intersectional 
discrimination and its criticisms), RDT 2022, p. 289; Defender of Rights (2021), Symposium: From 
collective redress to recognition of systemic discrimination in law, Defender of Rights Publication. 

613  Court of cassation (Cour de cassation) 23 November 2022 No. 21-14060. 
614  See: https://www.business-humanrights.org/fr/derni%C3%A8res-actualit%C3%A9s/france-8-

salari%C3%A9es-lancent-une-action-de-groupe-pour-discrimination-envers-les-femmes-contre-la-caisse-
d%C3%A9pargne-%C3%AEle-de-france/. 

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harassment  violations  in  certain  job  sectors  that  are  not  yet  effectively  recognised  in 
litigation.  Considering  the  number  of  femicides  per  year  and  despite  new  measures  to 
prevent and combat violence against women, this crucial issue continues to be a challenge 
in France. The need to recognise and tackle intersectional discrimination (especially the 
combination of gender, religion and origin) seems to be a persistent challenge in France 
because it is lumped together with terrorism and separatism, a threat to the French view 
of the universalism of the Republic.615 

615  A proposal for a ban on headscarves for parents accompanying their children on school trips, for example, 

was finally not adopted by the Law No. 2021-1109 of 24 August 2021 on respect of principles of the 
Republic.  

117 

 
 
 
 
 
Country report - gender equality – France - 2023 

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